Texas Parks and Wildlife Commission
Regulations Committee
Aug. 28, 2002
Commission Hearing RoomTexas Parks & Wildlife Department Headquarters Complex
4200 Smith School Road
Austin, TX 78744
1 6 BE IT REMEMBERED, that heretofore on the 28th day of 7 August, 2002, there came to be heard matters under the 8 regulatory authority of the Parks and Wildlife 9 Commission of Texas, in the Commission Hearing Room of 10 the Texas Parks and Wildlife Headquarters Complex, 11 Austin, Texas, beginning at 9:00 a.m. to wit: 12 APPEARANCES: 13 THE TEXAS PARKS AND WILDLIFE COMMISSION: 14 REGULATIONS COMMITTEE: 15 CHAIRMAN: Katharine Armstrong, Austin, Texas Ernest Angelo, Jr., Vice Chairman, Midland, 16 Texas John Avila, Jr., Fort Worth, Texas 17 Joseph B.C. Fitzsimons, San Antonio, Texas, Committee Chair 18 Alvin L. Henry, Houston, Texas Philip Montgomery, Dallas, Texas 19 Donato D. Ramos, Laredo, Texas Kelly W. Rising, M.D., Beaumont, Texas 20 Mark E. Watson, Jr., San Antonio, Texas 21 THE TEXAS PARKS AND WILDLIFE DEPARTMENT: Robert L. Cook, Executive Director, and other personnel 22 of the Parks and Wildlife Department 23 24 25 . 2 1 CHAIRMAN ARMSTRONG: Good morning. This 2 meeting is called to order. Before proceeding with any 3 business, I believe Mr. Cook has a statement to make. 4 MR. COOK: Madam Chairman, a public 5 notice of this meeting containing all items on the 6 proposed agenda has been filed in the office of the 7 Secretary of State, as required by Chapter 551 8 Government Code, referred to as the Open Meetings Law. 9 I would like for this action to be noted in the official 10 record of this meeting. 11 CHAIRMAN ARMSTRONG: Thank you, Mr. Cook. 12 We will begin today with the regulations committee. 13 Commissioner Fitzsimons will call your committee to 14 order. 15 COMMISSIONER FITZSIMONS: Thank you, 16 Madam Chair. The regulations committee will come to 17 order at 9:00 a.m., August 28th. And the first order of 18 business is the approval of the committee minutes from 19 the previous meeting. If anyone has any comments or 20 changes to the minutes? 21 Hearing none, the committee approves the 22 minutes and the motion carries. And, Bob, the first 23 item in the chairman's charge. 24 MR. COOK: Thank you, sir. In June, the 25 participants in our natural leaders program presented . 3 1 their project completion reports. Two of these reports 2 addressed provisions of Senate Bill 305. They were a 3 part of this committee's charge. These include creating 4 a training program for new Commission members and 5 development of a complaint management policy and process 6 for the maintenance of complaint information. 7 In addition, the coastal fisheries 8 division has completed the required comprehensive study 9 of the shrimp resources of the state, and a copy of the 10 report will be provided to you by mail. 11 Mr. Chairman, if I might, I'd like to -- 12 as we -- as we get this meeting started, I'd like to 13 introduce a couple of new people and a -- and a new 14 selection that I've recently made to the audience and to 15 the Commission. It is -- it is with great pride and 16 honor that I introduce to you Ann Bright. 17 Ann, if you would, we'll -- we'll ask you 18 to stand up. Y'all just remain standing. Ann is -- has 19 hired on and come as our general counsel. This is her 20 first week, so we're proud to have her and appreciate 21 her being here. 22 Drew Thigpen is our deputy executive 23 director for administration divisions. Drew will be 24 working primarily with Suzy Whittenton's division, 25 Annette's division, and Lydia's division, in those . 4 1 administrative areas. 2 And just the most recent, I hope you have 3 noticed that we now have a new deputy executive director 4 for our field operation group. Scott Boruff has been 5 selected for that job. All three of these jobs are 6 obviously huge -- have huge responsibilities and will 7 play major roles in the -- in the department. I am -- I 8 am very appreciative of having these folks on our team. 9 I think they'll be a great asset to us and will -- and 10 will fill many of the -- of the goals and objectives 11 that we have. Thank you, very much. 12 CHAIRMAN ARMSTRONG: On behalf of the 13 Commission, I want to compliment Bob Cook for the 14 excellent job he did in recruiting these wonderful 15 people. The Commission is -- is indeed happy to have 16 all three of you on board. I think you'll help make 17 Bob's job easier. And it certainly will help make our 18 job easier. Thank you all for being here. 19 COMMISSIONER FITZSIMONS: Thank you, Bob. 20 Our next item on our agenda for the regulations 21 committee is the Game Bird Proclamation, late season. 22 Vernon? 23 MR. BEVILL: I see they've got the screen 24 up here where I can read it today. That's good. 25 Mr. Chairman, my name is Vernon Bevill, . 5 1 and I am the game bird program director. And we're here 2 today to talk about the -- if I can get it to work. 3 There we go. -- the Late Season Migratory Bird 4 Proclamation primarily dealing with ducks, geese, and 5 the sandhill cranes. There are a number of proposed 6 changes this year, and this is a summary of these 7 changes. 8 We have extension frameworks on each end 9 of the duck season for about -- about a week. In other 10 words, the duck season can begin a little earlier, back 11 into September. And it can end a little later, the last 12 Sunday in January. Canvasback population dropped below 13 the triggering threshold for a season. And the Fish and 14 Wildlife Service opted to close that season. 15 The population of pintails is below the 16 long-term average substantially and have not responded 17 to habitat condition recovery back when -- when things 18 were a lot wetter up north. And we are looking at a 19 39-day restricted season on taking canvasback. 20 We've made a little division in the 21 eastern goose zone to accommodate our light goose 22 conservation rules, as well as deal with the extension 23 of the duck season framework. And we are proposing a 24 change in the east goose zone bag limit. 25 For ducks, in the High Plains Mallard . 6 1 Management Unit, the significant change that I would 2 call to your attention is that you -- you remember that 3 we were reduced to a nine-day teal season this -- this 4 spring, which starts in September. But since we now 5 have the opportunity to open the regular duck season on 6 the Saturday nearest the 24th of September. And our 7 teal season actually closes on the 22nd. 8 With a lot of feedback from the High 9 Plains Mallard Management Unit, we're going to go into 10 that first split of the regular duck season the day 11 after material season closes, which would be a Monday. 12 And let me see if I can back this up. And that would 13 allow a week of the regular duck season, which in effect 14 would give us a 16-day teal season with bonus other 15 ducks. So that should work very well. And we've gotten 16 a lot of support from the -- from the people that hunt 17 in that part of the state. So we're recommending that. 18 And then the regular season would open on 19 the 26th of October and would end on the 22nd of 20 January, which is a Wednesday. We -- this allowed us to 21 take the full 107-day opportunity for hunting migratory 22 birds in that -- in that unit. 23 For the -- for the north zone, we have a 24 total of 76 days to utilize. And, of course, in each 25 zone we're proposing a two-day youth season. And that . 7 1 uses two of those days. The -- the regular duck season, 2 we're proposing that first short split, that we have in 3 the past, on the 9th and 10th of November. It's a 4 two-day split. And then we reopen the following 5 Saturday. And this year we are proposing to run that 6 season until the last day of opportunity, which is 7 January the 26th. 8 North Zone hunters have consistently told 9 us they want most of their days late. The extension 10 framework allows us to do that and provides them an 11 extra week, when hopefully the weather will be cold 12 enough to move some mallards into the state of Texas. 13 In the South Zone, again, we have 76 14 days. We are proposing to open the first split on 15 November the 2nd and end it on December the 1st. Our 16 South Zone hunters in a recent survey told us that 17 December is -- is the month that they want more days in. 18 And so instead of having a 12-day split in early 19 December, we're only proposing a five-day split and 20 reopening on December the 7th. And then end the season 21 on January the 19th, which is a week earlier than we 22 could end it, but that is to continue to address the 23 Light Goose Conservation Order and to try to provide the 24 same opportunity for light geese. That's so that we can 25 manage that population back down to an acceptable level, . 8 1 so the habitat destruction on the breeding ground will 2 be subdued. 3 This year, again, we have a six-bird bag 4 with the two exceptions, I mentioned earlier. We will 5 establish a 39-day canvasback season with a one-bird 6 bag. And I mean -- I'm sorry. Pintail season with a 7 one-bird bag. And then the canvasback season is closed 8 statewide this year. 9 In the western goose zone, the -- the -- 10 we're proposing again the same basic season as last 11 year, October the 26th to February the 9th, with a 12 20-bird bag for light geese. Same season dates for dark 13 geese with a five-bird bag, no more than one of which 14 can be a white-front. 15 In the eastern goose zone, we're 16 proposing a white-front season that would run from 17 October the 26th to January the 19th with a two-bird 18 bag. And then the Canada goose/brant season, that would 19 be the same dates, also with a two-bird bag. And the 20 hunter could have an aggregate three, no more than two 21 of which could be a white front. So that gives them a 22 little more to work with than we had last year, that 23 we're actually adding a Canada goose to that bag limit. 24 In the -- in the north segment of the 25 eastern goose zone, we're proposing to -- to run the . 9 1 season from October the 26th to January the 26th. But 2 in the south segment, October the 26th to January the 3 19th. That allows us south of I-10 to go into the Light 4 Goose Conservation Order the day after the duck and 5 goose season closes. 6 So this gives us some opportunity to 7 begin the light goose season while there's still plenty 8 of light geese that's south of I-10. And there will be 9 an extra week of hunting above I-10 for the regular 10 goose season and the duck season. And then that 11 following week, they would then go into the light 12 goose -- goose season, as well. 13 And, again, that light goose season is 14 unchanged from last year, except for calendar dates. 15 We're still working with the federal law on that, 16 although the Environmental Impact Statement hasn't been 17 written. It has not been implemented yet. We 18 anticipate that it will not be implemented until 19 probably later this winter. 20 We do have some opportunity for an 21 extended falconry season in our north and south duck 22 zones, since we do not use all 107 days available to us 23 for duck hunting with gun. So the extended falconry 24 season would be January 27th to February 17th in the 25 north zone and January the 20th to February the 10th in . 10 1 the south zone with a 3-bird bag. 2 For sandhill cranes, the main point I 3 would make that in zone C -- again, we have to close 4 that zone early, a little earlier than we could run the 5 season because of the Light Goose Conservation Order. 6 So that season would be closing on January the 19th. 7 Other than that, we had the basic season same as last 8 year in the other two zones. 9 Public comments, we have a total of 77 to 10 date. I would say that the thing I would like to bring 11 your attention to is, in the south duck zone, we have 12 had 32 comments so far requesting the extension of the 13 framework to the last possible day, which would be the 14 26th of September. We have chosen not to -- to react to 15 that series of public comments because of our commitment 16 to the Light Goose Conservation Order and feel that is 17 the paramount conservation issue that we're dealing with 18 and need to stay committed to that. So we're not 19 recommending changing the south zone framework dates. 20 High Plains Mallard Management Unit, you 21 can see we've had 17 comments in favor of that early 22 duck season. So we -- and we feel like that's going to 23 be a good opportunity for the High Plains Mallard 24 Management Unit duck hunters. 25 And then there's a scattering of other . 11 1 comments. There's been 13 comments preferring that we 2 set the pintail -- the 39-day pintail season a little 3 earlier. There has been a small group of comments 4 requesting that we have a one-week split in the north 5 goose zone in December. But the preponderance of people 6 that talked to us about north goose zone dates still 7 want a -- as many days of opportunity as late as they 8 can get. So I feel that we've accommodated that, then 9 we'd hear from all the other folks that thought it was 10 okay the way it was. 11 So -- but that's just, you know, a 12 general review of the public comments. And we'll be 13 coming before the Commission tomorrow with the formal 14 presentation. If there's any questions, I'd be happy to 15 answer them. Or try. 16 COMMISSIONER ANGELO: When is the 39 days 17 for pintails only? What -- the only pintail season of 18 39 days, when does that come in the season? 19 MR. BEVILL: Basically, in the north and 20 south zone, it will be the last 39 days of the season. 21 In the High Plains Mallard Management Unit, since that 22 season is going to end on Wednesday, we felt like more 23 opportunity would be afforded the hunters if we backed 24 that date up to end it on the 19th and then count back 25 39 days, which will start it on a Saturday. I want to . 12 1 say it's the 12th of December, if my memory serves me 2 correctly. 3 COMMISSIONER FITZSIMONS: Vernon, there 4 was quite a bit of discussion last year when we were 5 talking about the Light Goose Conservation Order on the 6 status of the snow goose and the habitat destruction 7 issue resulting from overpopulation in the breeding 8 grounds. What's the status of that problem? 9 MR. BEVILL: We -- we are bringing the 10 population down, according to the information that I'm 11 getting. Frankly, it's coming down slower than we would 12 all like to see. We just got the report from our 13 statistician group just a couple of weeks ago, indicated 14 that our harvest during that segment in Texas was about 15 87,000 additional light geese last winter. I don't know 16 what that number is floyway-wide or between the 17 Mississippi and the central flyway, but it is coming 18 down. There is continuing habitat destruction because 19 it's still way too high. 20 COMMISSIONER FITZSIMONS: So the 21 habitat -- there hasn't been any habitat improvement? 22 MR. BEVILL: No. 23 COMMISSIONER FITZSIMONS: Too soon to 24 tell. 25 MR. BEVILL: No. And I wouldn't . 13 1 anticipate much habitat improvement for a decade or more 2 after you get that population down to a more manageable 3 level because it's such a slow recovery process in that 4 kind of environment. 5 COMMISSIONER FITZSIMONS: And we're in 6 the beginning of a long haul in the snow goose problem. 7 MR. BEVILL: Whoever -- whoever is 8 sitting in front of the Commission 30 years from now 9 will still be talking about this issue, I'm afraid. 10 COMMISSIONER FITZSIMONS: Thank you. 11 Anybody -- anyone have any further questions for -- 12 Vernon, thank you. 13 MR. BEVILL: Thank you. 14 COMMISSIONER FITZSIMONS: If there's no 15 further questions or discussion, without objection, I'll 16 place this item on the Thursday Commission meeting 17 agenda for public comment and action. 18 Next, Scientific Breeder Regulations 19 Disease Testing and Monitoring Measures, Jerry Cooke. 20 MR. COOKE: Mr. Chairman and members, my 21 name is Jerry Cooke. I'm Game Branch chief of the 22 wildlife division. I'll be presenting you these 23 proposed changes to the scientific breeder regulations. 24 As you know, chronic wasting disease has 25 developed into a national issue of public concern. The . 14 1 proposal before you was initiated in the January meeting 2 of 2002. Action on this item was postponed at both the 3 April and May Commission meetings and was republished to 4 allow the Texas Deer Association more time to develop a 5 voluntary program adequate to address the state's 6 concerns for monitoring this disease. 7 126 facilities was the monitoring goal, 8 as established by the Animal Health Commission. Since 9 the last meeting, Parks and Wildlife Department has 10 approached the completion of our -- of our plan to deal 11 with this disease. We have strong grasp -- we've had 12 comments back from the Animal Health Commission. It 13 includes many things, not the least of which is to test 14 clinical animals as they are encountered in the wild. 15 To date, we tested 11. All have been negative, which is 16 a positive. 17 And we also plan to test animals taken 18 from our wildlife management area hunts and state park 19 hunts this year, which will range between 500 and 1,000 20 animals, as is expected. 21 As of this morning, at 8:06, there have 22 been 170 applications to the Texas Animal Commission 23 from scientific breeder holders to participate in the 24 CWD Monitoring Program. 25 As our proposals were laid out, because . 15 1 of this response by the efforts of both the 2 Texas Wildlife Association and the Texas Deer 3 Association and our chairman, specifically, I think is 4 very effective. I don't believe that our adoption of a 5 definition of "in healthy condition" or the prohibitions 6 associated with that definition are really needed at 7 this time. And as long as the monitoring is adequate in 8 the state, I believe that it should be a voluntary 9 program. 10 But there are other proposals that were 11 published at the same time that I'd like to bring before 12 you, also. Previously, in our meetings with breeders as 13 a group, we had kind of reached a compromise arrangement 14 of -- concerning marking fawns in the scientific 15 breeding facility. And in lieu of having all animals 16 marked by a certain date, which required handling 17 animals, which was not always easy and not always safe, 18 we simply requested a fawn report. How many fawns do 19 you have in your facility, period, provided by November 20 1. And this was adopted by a previous Commission. 21 Unfortunately, we also had a lot of other 22 proposed changes at that time. And that -- that 23 adoption was never posted. We never published that 24 proposed change -- or that adopted change with the 25 Secretary of State because virtually no one who adopted . 16 1 that is still here. We didn't want you to think that we 2 were doing it as a housekeeping measure and not bringing 3 it to your attention. I believe it is a housekeeping 4 issue, if you all still agree that this is a good thing 5 for us to do. 6 Also, there were several provisions for 7 temporary transfer of animals from a facility to -- for 8 nursing purposes, for veterinary purposes, for breeding 9 purposes, those kinds of things, which is still cool. 10 Unfortunately, a thing came up in the last year which we 11 need to clarify, that we didn't mean that you could move 12 them outside of the jurisdiction of the state 13 temporarily and bring them back in. If you're going to 14 temporarily transfer them, it needs to be within Texas. 15 If you're going to move them out of Texas, that's a 16 different matter. 17 And third, part of the proclamation is 18 very clear on this issue. Not all of it is, and we 19 would like to clarify. We would like to have the issue 20 clarified by you, if you would. And that is the issue 21 of permission -- written permission required for release 22 of animals from a facility into the wild. It has never 23 been a big issue in the past. But then CWD has never 24 been a big issue in the past. Nor have our monitoring 25 efforts been an issue in the past. And that is one of . 17 1 the proposals that we would like to have clarified. And 2 we'd like to hear from you on. 3 Another issue that's not directly related 4 to this -- the proposal that's before you -- with the 5 fact that the Texas Animal Health Commission has 6 established their entry requirements in Texas, they have 7 removed their import suspension animals under their 8 jurisdiction, which only leaves our import suspension 9 still in place for white tail and mule deer. And I 10 believe that it would be appropriate for us to publish a 11 proposal to change that, to remove our prohibition on 12 importation for consideration at the November meeting. 13 We can't do it at this meeting because the appropriate 14 sections are not open. 15 But that's basically the end of my 16 discussion here. If you have any questions, I would be 17 happy to entertain them. 18 COMMISSIONER FITZSIMONS: And the reason 19 your recommendation of removing that prohibition is that 20 it's no longer necessary now that the Animal Health 21 Commission has promulgated their rules? 22 MR. COOKE: Absolutely. From the very 23 first day that we discussed import suspension, it was 24 for the purpose of providing adequate cover for the 25 Animal Health Commission to complete their rule-making . 18 1 process. And that rule-making process is now complete. 2 COMMISSIONER ANGELO: What does that -- 3 what does their rule entail? 4 MR. COOKE: Their rule entails a 5 monitoring requirement of animals coming into the state, 6 which varies. If animals are coming from a state that 7 has no chronic waste disease, has not found any chronic 8 waste disease, and has a state-sponsored monitoring 9 program, the facility would have to be under that 10 program for three years before an animal could be 11 approved to come in. 12 If it is from a state that has not had 13 any chronic wasting disease reportedly from it but does 14 not have a state-sponsored monitoring program, and they 15 enumerate in their rule what an adequate monitoring 16 program is, then five years in a -- a facility would 17 have to demonstrate to the Animal Health Commission that 18 they've been doing it all by themselves. And they've 19 been doing it based on the definition of a monitoring 20 program for five years in order to come in. 21 And if an animal is coming from a state 22 that has had chronic wasting disease reported and has a 23 state monitoring program, it has to be in the monitoring 24 program for five years to come in. Everyone involved in 25 the discussion - and lots of people were involved in the . 19 1 discussion - all nodded. This is a good entry 2 requirement to protect the states and still allow 3 commerce to take place and minimizing risk. 4 COMMISSIONER COOK: I want to make sure 5 to mention, you said, as of 8:00 a.m. this morning, they 6 have 170 volunteer breeders signed to participate in 7 this voluntary testing program. As I recall the number, 8 that kind of our floor was 120 -- 9 MR. COOKE: 126 was the goal. 170 as of 10 this morning. They have considerable momentum. I still 11 have calls on my voice mail right now talking about it. 12 Virtually everyone who has talked to me about the 13 program has gone ahead and signed up. So I expect this 14 number to rise, to be very frank with you. As I said, 15 the main point is, as long as testing is adequate in 16 this state, it should be a voluntary program. And we 17 should all work toward quit and maintaining a voluntary 18 program that works for us -- for us all. 19 COMMISSIONER FITZSIMONS: Bob, if I could 20 follow up on that, according to the minutes from our 21 last meeting, the number was 11. The confirmed number 22 was 11, and 30 was the possible. And we've gone from 23 that to 170? 24 MR. COOKE: Correct. 25 COMMISSIONER FITZSIMONS: Pretty . 20 1 impressive, the change in totals up there. 2 MR. COOKE: There's 480 in the state. 3 Montana. Now -- now, 480 -- that's everybody that's got 4 a permit right now. And then there's quite a few new 5 ones in there. There's 427 that reported -- that gave 6 us an annual report from last year. So that's how many 7 really functional facilities we have. 8 COMMISSIONER MONTGOMERY: What you're 9 outlining is a ban on importation and substituting the 10 voluntary procedure? 11 MR. COOKE: Well, our rules -- our rules 12 are to require that an animal coming into this state 13 under our program be in compliance with all the Animal 14 Health Commission rules. So, in other words, all of 15 those entry requirements that the Animal Health 16 Commission adopted are required from their perspective, 17 but it's also required from our proclamation, which 18 means our people can enforce those -- those entry 19 requirements, as well. So -- so they'll be coming in 20 under those -- under those stipulations. 21 COMMISSIONER MONTGOMERY: For everybody, 22 not just people in the voluntary program? 23 MR. COOKE: For everybody. 24 COMMISSIONER MONTGOMERY: Yeah. 25 MR. COOKE: Everybody in Texas. . 21 1 COMMISSIONER FITZSIMONS: Jerry, is it 2 fair to say -- this may be simplistic. But is it fair 3 to say that our proclamation at the emergency meeting 4 where we prohibited the importation was necessary until 5 the Animal Health Commission promulgated these new rules 6 that you just described? 7 MR. COOKE: I agree, Bob. 8 COMMISSIONER FITZSIMONS: Okay. 9 MR. COOKE: Yes, I do agree. 10 COMMISSIONER FITZSIMONS: I know that's 11 boiling it down a little bit. 12 MR. COOKE: That there was no protection 13 at that time. There is adequate protection at this 14 time. 15 COMMISSIONER FITZSIMONS: And one other 16 question. The 170 -- I know this is -- these are 17 numbers that have been coming in within the last hour. 18 But any indication of the number of animals that 19 represents? 20 MR. COOKE: No. Not until -- not until 21 the herd health plans are promulgated by the Animal 22 Health Commission will we really know. Let's put it 23 this way. If we got a list of who they were, we would 24 know. But I don't know what that is. 25 COMMISSIONER FITZSIMONS: But we will . 22 1 know that in a -- in time, we'll know? 2 MR. COOKE: If you're asking, yes, is the 3 answer. 4 COMMISSIONER FITZSIMONS: Okay. 5 Commissioner Ramos, it's your... 6 COMMISSIONER RAMOS: You mentioned that 7 there may be different standards for the deer coming in 8 from -- from out of state. How are animals traced? For 9 example, an animal may have been in Colorado for two 10 years, and then it ends up in Louisiana or in Oklahoma 11 and eventually works its way. Do you know whether the 12 system has protection to be able to identify an animal 13 as having originated -- been maybe 18 months in Colorado 14 and 12 months -- 15 MR. COOKE: Yes. Because when an animal 16 comes into a facility, the facility takes on the 17 monitoring status of the facility from which that animal 18 came. So if I have a five-year status and you have a 19 three-year status and I buy a deer from you, I have a 20 three-year status. So, in other words, those monitoring 21 programs in the various states look at that very 22 closely, because it affects the status of the facility 23 itself. 24 COMMISSIONER COOK: In other words, that 25 seniority or that lack of seniority carries with -- when . 23 1 a deer comes into a herd, if it's below the standard, it 2 drops the entire herd? 3 COMMISSIONER FITZSIMONS: The herd 4 assumes the status of the lowest animal. 5 COMMISSIONER RAMOS: The data that we're 6 assimilating and we're accumulating -- Jerry, in your 7 opinion, how long will it take before we really will 8 have the true results of that data? In other words, is 9 that something we should expect in 60 days or 90 days or 10 six months? 11 MR. COOKE: As far as -- 12 COMMISSIONER RAMOS: Results. 13 MR. COOKE: For an animal coming in? 14 COMMISSIONER RAMOS: No. An animal 15 that's killed within the state. 16 MR. COOKE: Oh, I'm sorry. I didn't 17 understand your question. That has a lot to do with the 18 volume that's going into the facility. These animals 19 are going to be tested through TDML over in College 20 Station. They expect -- if -- if they are presented 21 with formalized brain stem, they can turn the test 22 around in 48 hours. However, that's -- that's very 23 optimistic. You know, walking in and putting it in 24 through the -- through the program. 25 COMMISSIONER RAMOS: And your thoughts, . 24 1 Jerry, with regards to how long we should assimilate 2 data for internal purposes? I mean, what do you -- what 3 would you like to see in that regard? Is that something 4 that we should keep for a year, two years, six months, 5 or... 6 MR. COOKE: As far as our monitoring 7 program? 8 COMMISSIONER RAMOS: The monitoring and 9 actually being able to have enough data from within the 10 state to make an evaluation as to whether or not we may 11 have some problems within the state that we're not aware 12 of. 13 MR. COOKE: Our evaluation will be 14 ongoing. In other words, next week we'll have more 15 information than we have next week. And it's a 16 cumulative thing. And because we're -- you know, Texas 17 is a big place and there's lots of animals around, we're 18 going to be testing. We're going to be testing animals 19 this hunting season with the goal of spending our guys 20 up and getting them trained, getting equipment in their 21 hands, getting them really into the sampling frame. 22 But we're -- the plan goal is to acquire 23 from 2,000 to 3,500 animals across the state over the 24 next several years. This is going to be a cumulative 25 thing. So it's not going to be like this hunting season . 25 1 and, oh, yeah, we're through, because it's not going to 2 be that way. 3 COMMISSIONER RAMOS: I know that we've 4 taken action from an interstate standpoint with regards 5 to the movement of deer. Have we at all considered the 6 impact of the intrastate movement of deer, in other 7 words, the movement of deer from west Texas to south 8 Texas or vice versa as -- in other words, it seems to me 9 that until we have a high level of comfort that we don't 10 have a problem, the intrastate movement of deer is as 11 significant as an interstate movement of deer. 12 MR. COOKE: Well, again, you know, one 13 could argue, well, we haven't found it yet. You know, 14 what's the problem? But on the other side of the coin, 15 once you've found it, if you just aggravated the issue, 16 then obviously that's a problem. 17 I mean, for instance, as an example, if 18 we spend this hunting season acquiring samples from our 19 state parks and wildlife management areas, and because 20 there's a backlog over the hunting season, lots of 21 animals going to the lab, let's say it's March before we 22 get a response on some of those animals and, oh, my, you 23 know, X Y Z state park is found to have chronic wasting 24 disease, and then we've found that we've just trapped 25 100 deer out of that county, scattered them over Texas. . 26 1 That could be a very confounding issue. 2 COMMISSIONER RAMOS: It seems to me that 3 as valuable as the deer are in this state and to the 4 extent that we don't have clear-cut data at this point, 5 that we may not have it in the state. But even if we 6 take measures to keep it coming in interstate from 7 outside the state, there's still the risk that we may 8 be, or potentially, spreading it within the state in our 9 own movement. 10 MR. COOKE: Yes. That is a possibility, 11 and a concern. And a confounding element on our 12 monitoring, as well. 13 COMMISSIONER RAMOS: Now, let's take the 14 Texas Animal Health Commission. Do you know whether 15 they've taken any steps at all with regards to the 16 intrastate movement of deer. 17 MR. COOKE: Not that I'm aware of. 18 COMMISSIONER RAMOS: Or focused on that 19 issue. 20 MR. COOKE: There's been some discussion 21 of it. But as far as CWD is concerned, I'm not really 22 sure where they are on it to be very frank with you. I 23 have -- don't know of any rules that relate to 24 intrastate movement of animals or change of ownership of 25 animals or anything that even remotely relates to that. . 27 1 COMMISSIONER RAMOS: I'm just saying from 2 a personal perspective, it seems to me that we've taken 3 the measures to control, or prevent and control, the 4 interstate movement of deer that might be unhealthy. 5 But we really haven't focused on within the state 6 movement of deer. And to the extent -- and I'm not 7 saying we do, but to the extent that there's a 8 potential, we may be aggravating the condition within 9 the state. Although we're protecting against out. I 10 just think we ought to look at that. I'm -- I'm not 11 convinced that's appropriate at this time. But I think 12 that should be a concern. 13 COMMISSIONER MONTGOMERY: How much -- if 14 we're going to -- you're going to ask us to make a 15 decision in November, how much data will we have at that 16 time from what he says? 17 MR. COOKE: As far as... 18 COMMISSIONER MONTGOMERY: Test data at 19 the November Commission meeting. Are we going to have 20 much at all? 21 MR. COOKE: No. 22 COMMISSIONER MONTGOMERY: How much will 23 we have by January? 24 MR. COOKE: Well, in my -- in the years 25 that I was on the wildlife disease project, we would . 28 1 spend most of the year getting no calls and hearing 2 nothing. And, as soon as the hunters hit the field, you 3 found out a lot of things was going on. 4 COMMISSIONER MONTGOMERY: That's what I'm 5 asking. 6 MR. COOK: So, basically, when the 7 opening day of hunting season comes, this is an issue 8 before lots of hunters' eyes. Clinical or suspicious 9 beasties I'm sure will be reported in considerably 10 better volume than they are today. Also, as you move 11 into winter, dwindling nutrition also begins to impact 12 animals that otherwise may not be succumbing to things. 13 So it would surprise me if we had a lot of information 14 by November. We'll have some by the January Commission 15 meeting. But to be very frank with you, it would shock 16 me if we had even most of our information in hand before 17 the April meeting. 18 COMMISSIONER MONTGOMERY: Then I've got a 19 separate line of questioning if you want to -- 20 COMMISSIONER RAMOS: Well, I was just 21 going to follow up on that. Would you be able -- or -- 22 and this may be a very unfair and very difficult 23 question for you, Jerry, but -- but that's all right, 24 you can still answer it. What volume of data -- in 25 looking at the current inventory of deer that we have in . 29 1 this state, what current -- what volume of data would 2 you like to see us have before we are mentally satisfied 3 that we don't have a health issue within our state? 4 MR. COOKE: I've worked with Dr. Ken 5 Waldrup and Dr. Dan Baca of the Animal Health 6 Commission. Dan is their epidemiology stat jock. He's 7 the one who comes up with these sample sizes for 8 adequate testing. And to encounter -- to actually find 9 a disease that has a two-percent prevalence in the 10 population. Ecoregion by ecoregion, we would need at 11 least 125 to 150 animals from each region, which is 12 essentially our regulatory districts. We have eight 13 districts in Texas. Obviously, some of those wouldn't 14 necessarily apply, you know, because they're not 15 white-tail counties. But, by the same token, that's 16 basically what we're looking for. So if we could 17 acquire -- if we could acquire in the neighborhood of 18 2000, 2500 animals well distributed across the state 19 sampling all the eco-regions in Texas and we don't find 20 it in that, as Ken Waldrup will say, it's going to prove 21 beyond all reasonable doubt that God is a Texan. 22 COMMISSIONER RAMOS: You answered it 23 extremely well. From a time perspective, how long do 24 you think it would take us within the state to reach 25 that level to where we could have that comfort that, . 30 1 forgetting the external influence, internally we are 2 healthy? 3 MR. COOKE: We won't get it done in one 4 year. That's for sure. Baca, et al., at Animal Health 5 Commission would be comfortable if we acquired that much 6 information in three years. But we're going to aim at 7 two. We're going to try to get it done in two years if 8 we possibly can. And that will include clinicals and, 9 that's a very important issue. 10 COMMISSIONER RAMOS: Obviously, if we 11 became more aggressive in our approach we could expedite 12 that. From a time perspective, in other words, if we 13 implemented procedures or something to where we can 14 gather more data we could shorten that time span and 15 give the state a greater level of comfort at a much 16 sooner date. 17 MR. COOK: That is absolutely correct. 18 And, as I said, our goal here is to get our sampling 19 started and get as many of our guys trained in taking 20 the samples as we possibly can. And believe -- and in my 21 opinion, having well trained individuals for making the 22 sampling and doing the sampling correctly is almost more 23 important to me this year than how many we get this 24 year. Because if we -- if we do it wrong, you know, 25 we're going to be losing ground. . 31 1 COMMISSIONER RAMOS: When did you think 2 you're going to reach the level to where you feel you'll 3 have the adequate staff that you think will be necessary 4 to accomplish that? 5 MR. COOKE: We'll have -- we'll have the 6 staff spun up this year. 7 COMMISSIONER RAMOS: By the end of year? 8 MR. COOKE: Oh, yeah. Exactly. In other 9 words, we're already -- we've already had individuals 10 trained in region three of the wildlife division. We 11 already have plans made to have one of the 12 epidemiologists for Animal Health Commission take from 13 two from two to three guys from each region. These are 14 key guys. Our covers, you know, guys -- that's the 15 leaders and already have the interest in that area will 16 be trained in this sampling. And they're going to go 17 back and train their own folks. So we're focusing on 18 WMAs because they're going to have their hands on a lot 19 of animals, but also key field individuals within the 20 regulatory districts, as well. 21 COMMISSIONER RAMOS: Have you looked at 22 all into TTT permits and whether we will be able to 23 obtain data or perhaps some monitoring system that 24 would, perhaps, assist you? I guess my concern is two 25 things. One, to make sure that we're clean within . 32 1 Texas. And then, two, that we reach that level as 2 quickly as possible. And I guess what I'm trying to get 3 from you -- I think you've answered it, Jerry -- is what 4 can we do to expedite both sides, you know. You've 5 addressed the issue of more samples, staff, geo -- from 6 a geographic standpoint, you feel we've identified the 7 geographical areas that you have concern? 8 MR. COOKE: Oh, I see. Yes. Ken Waldrup 9 at the Animal Health Commission working with 10 Doug Humphreys and others clearly identified the 11 counties of risk, of highest risk. I believe that 12 there's 13 counties. There may be as many as 19 13 counties. And this was based on releases within the 14 county from outside the state of both elk and deer, 15 white tail. And also the population size in those 16 counties. 17 So whatever we sample this year aside 18 from our management area and public hunts, we're 19 obviously going to be looking for in those counties with 20 highest risk. In other words, we're really going to be 21 trying in those counties to focus on those risk areas. 22 COMMISSIONER RAMOS: Okay. Thank you. 23 MR. COOKE: Also, as I mentioned, we do 24 have a draft of our CWD management plan. It's not 25 complete. We still have some goodies to add at the end, . 33 1 actual procedures object some of these things. But that 2 draft is available for your review, if you so chose. 3 We're still calling it a draft because until -- until 4 Animal Health Commission and Bob and the chairman say 5 okay, this is what we expected to see, we're not going 6 to call it a plan yet. 7 COMMISSIONER FITZSIMONS: Thank you, 8 Jerry. I understand that Commissioner Wood from the 9 Animal Health Commission is in the audience today. 10 MR. COOKE: She is. 11 COMMISSIONER FITZSIMONS: Correct? And I 12 want to thank you for your help and Animal Health 13 Commission's help for getting us through this difficult 14 problem. And it's not over yet, as we point out. I 15 would like to make one note, Madam Chair. 16 CHAIRMAN ARMSTRONG: Are we almost 17 finished with this issue? 18 COMMISSIONER FITZSIMONS: I think so. 19 CHAIRMAN ARMSTRONG: Then, I want to say 20 something. One of my best parts of my job is getting to 21 go pass out kudos when they are due. And they are 22 certainly due here. And I know several of the people 23 that have put in a great deal of effort on this issue 24 are here today. And I would like to acknowledge Karl 25 Kinsel. Karl, I saw you walking in with a big smile on . 34 1 your face. And a 170-plus -- I -- is a terrific 2 accomplishment. I know just ten to 14 days ago, we were 3 wringing our hands and our nerves were getting a 4 little -- little prickly. But all is well that ends 5 well, and this has ended very well indeed. Kirby Brown 6 has put in a tremendous amount of effort here. Thank 7 you, Kirby and the TWA. I want to thank members of the 8 Texas Deer Association that also helped, Gary Machin, 9 Slim Crapp, Jerry Johnston, Marty Berry, and many 10 others. I want to thank the members of the Texas Animal 11 Health Commission. Please -- my come complements to 12 Commissioner Traylor and Commissioner Sharon and 13 Commissioner Wood, who is here today, Ken Waldrup, 14 Max Coats, Dr. Baca, and many, many others who have 15 helped us get to a voluntary monitoring program, which 16 is always the better way to go. Thanks to everyone. 17 COMMISSIONER FITZSIMONS: Please, Madam 18 Chair, I would echo that. I talked to Karl a few weeks 19 ago. You proved me wrong. I didn't think you could get 20 it done. But you all -- TWA and the TDA must have 21 worked night and day. And you stepped up to the plate, 22 and I appreciate it. One final note, if you want what I 23 think is the best explanation of the Animal Health 24 Commission regulations on this matter, there's an 25 article in the August 15th Livestock Weekly which tells . 35 1 you all you ever need to know about that. And, so, if 2 you're interested in exactly how those regs work, that's 3 a good synopsis. 4 Thank you, Jerry. If there are no 5 further comments on this item of the agenda, without 6 objection, I'll place this item on the Thursday 7 Commission agenda for public comment and action. 8 MR. COOKE: Could I ask a question of 9 clarification, if I may? 10 COMMISSIONER FITZSIMONS: Yes, sir. 11 MR. COOKE: So I know what I need to do. 12 COMMISSIONER FITZSIMONS: Yes, sir. 13 MR. COOKE: Is it my -- it is my 14 understanding that you're asking me also to publish the 15 issue of importation. 16 COMMISSIONER FITZSIMONS: For the -- 17 MR. COOKE: For the November meeting. 18 COMMISSIONER FITZSIMONS: Yes, sir. 19 MR. COOKE: That's correct? 20 COMMISSIONER FITZSIMONS: Yes, sir. 21 MR. COOKE: In the discussion related to 22 movement of animals within the state, is there 23 instruction to -- 24 COMMISSIONER FITZSIMONS: Further 25 briefing, I believe. Is that -- . 36 1 COMMISSIONER RAMOS: I would like to see 2 that. 3 COMMISSIONER FITZSIMONS: Further 4 briefing? 5 COMMISSIONER RAMOS: I can't see how that 6 can hurt this state and the resource. I think it's a 7 vital concern. I'd like to see staff pursue that. 8 COMMISSIONER FITZSIMONS: Is that the 9 understanding that further briefing on that issue? 10 MR. COOKE: Your call. If we publish it 11 this time, we'll be able to have a public debate on the 12 issue through public hearing and come back to you in the 13 November meeting with a possibility of making a decision 14 one way or the other, rather than briefing it and trying 15 to do it for January. But it's your call. You can 16 always say, no, in November. 17 COMMISSIONER RAMOS: I'd suggest we do it 18 in November. 19 COMMISSIONER FITZSIMONS: Yes, sir. 20 MR. COOKE: Thank you. 21 MR. COOK: I think that is important 22 because that gives everybody -- clearly say what it is 23 we're talking about. Gives everybody a chance to 24 discuss and comment on the issue. Plus, it, by action 25 in the January meeting, would precede the basic trapping . 37 1 season which occurred this winter and -- you know, the 2 latter part of this winter, if y'all make a decision 3 along that line. So it's important. It's an important 4 issue at this time. And, like I say, we can -- we can 5 review it, have some input on it, and work on it 6 November. 7 COMMISSIONER FITZSIMONS: Is that clear, 8 Jerry? 9 MR. COOKE: Yes. 10 COMMISSIONER FITZSIMONS: All right. 11 We'll handle that for you. 12 And we'll place this item on the Thursday 13 Commission meeting agenda for public comment and action. 14 No further questions on that. Thank you, Jerry. And 15 you're up again for alternative licensing rules. 16 MR. COOKE: Once again, Mr. Chairman and 17 members, my name is Jerry Cooke, Game Ranch Chief of the 18 Wildlife Division presenting you the public rules of 19 alternative licenses. A substantial fraction of the 20 total operating funds of this agency comes through 21 license sales. While our automated point of sale system 22 provides great utility for selling licenses, monitoring 23 revenues, and providing real-time access to license 24 buyer information. Like all automated systems, it is 25 subject to catastrophic failure. During the five years . 38 1 that we have issued licenses through the POS system, 2 we've not needed an alternative to the automated system. 3 However, there was no provision or rules, should that 4 need actually have arisen. So what we are proposing is 5 to modify the statewide Hunting and Fishing Proclamation 6 to accommodate an alternative license, should it be 7 needed. And the way this would be accomplished is 8 basically, if a hunter is holding a license from an 9 automated system, there would be no rule change for that 10 individual at all. However, if a hunter was holding a 11 hunting license that was the alternative paper license, 12 alternative to the POS system, the rules would change in 13 such a way that tagging would not be required. Tags 14 from a license would not be a required. It would 15 broaden the log on back to license to include all 16 species that previously were tagged under other rules. 17 And it would also broaden the use of the resource 18 document filled out by the hunters to act in lieu of a 19 tag. And basically that is the proposed change. 20 Yes, sir? 21 COMMISSIONER ANGELO: Does that open the 22 door to thinking that we might be able to go to a 23 tagless system overall, at some point, that we have 24 talked about several times in the past? 25 MR. COOKE: It must. I mean, the . 39 1 discussion is done. 2 COMMISSIONER ANGELO: Obviously it 3 appears from that recommendation that the staff that's 4 involved in this decision believes that it can be done 5 without tags. 6 MR. COOKE: The issue has always been 7 what does a biologist or game warden do with an 8 unattended carcass. Basically, for a game warden, it 9 means we're talking long investigation. For a 10 biologist, it means, I can't collect data from that 11 animal. Because I don't know where it's from with a 12 tag. 13 COMMISSIONER ANGELO: Without a physical 14 tag. 15 MR. COOKE: The resource document 16 actually takes care of that. It accommodates those 17 concerns from both aspects and actually strengthens, in 18 my opinion -- you know, you may get law enforcement 19 opinions also. But, in my opinion, it also strengthens 20 the enforceability of bag limits in areas by using the 21 log on the back of the license. 22 COMMISSIONER ANGELO: So -- 23 MR. COOKE: So that's why they 24 implemented it. 25 COMMISSIONER ANGELO: -- we might think . 40 1 that this could be considered as an alternative approach 2 for the whole system? 3 MR. COOKE: Certainly -- certainly is a 4 discussion point. Our -- my comfort -- my personal 5 comfort zone is good. 6 MR. COOK: You know, this was an 7 interesting process that we went through this year with 8 developing kind of an emergency back up licensing 9 system. And this of course was one of the issues 10 that -- to be able to pull, to rapidly print, and get a 11 turnaround on, say, a million or two million licenses or 12 some variety while, on the other hand, not waste money 13 in doing so. We evolved to this system with a lot of 14 input from all the divisions of the log -- heavy duty 15 log on the back and some other options. You will notice 16 we actually made a step in that direction earlier this 17 year in the design and development of your automated 18 license, which also now has, in addition to the tags, 19 also has a log on the back. So we're thinking about, 20 you know, getting people to think about, getting people 21 to utilize that method of record keeping, of reference. 22 So when, you know, a warden wants to check the entire 23 camp or the truck or the whatever, that we've got that 24 system in place. 25 The advantage -- of course, there are . 41 1 pros and cons. The advantage makes a system available a 2 much simpler system available, like to go -- for 3 internet sales. Tagging, having tags, via the internet 4 is almost impossible. But we can -- we can sell 5 individual licenses, individually numbered licenses via 6 the internet effectively if we don't have a tagging 7 requirement. Again, I think it's -- I think it's one of 8 those things that we're in. As we know, we're in the 9 second year of our Worldcom contract, and right now that 10 system is working well for us. And it's certainly 11 something we want to look at in the future, get prepared 12 for, get people thinking about. There's a comfort 13 level, I think, with land owners and that tag. It's a 14 tradition that we'll -- that we'll have to cross. But 15 it's a good process, and we've got -- the nice thing 16 about it is, is that we've got the log in place on your 17 current license that you will be issued by Worldcom. 18 COMMISSIONER FITZSIMONS: But does that 19 satisfy the data gap, so to speak, if we were to go 20 tagless? 21 MR. COOK: I don't think -- I don't think 22 the log on the back necessarily satisfies the data gap. 23 The -- some sort of resource document would have to do 24 that to satisfy the data gap. There are other ways to 25 get that same data. . 42 1 COMMISSIONER FITZSIMONS: I'm sold on the 2 convenience of the tagless. I'm just concerned about 3 the data gap and the -- 4 MR. COOKE: I understand. 5 COMMISSIONER FITZSIMONS: -- on the 6 enforcement. 7 MR. COOK: We will have to enforce 8 it. 9 MR. COOKE: Great. As I said, the use of 10 the resource document satisfied our concerns for being 11 able to identify an unattended carcass. 12 COMMISSIONER ANGELO: I think it's 13 progress in the right direction. 14 COMMISSIONER FITZSIMONS: Thank you, 15 Jerry. Any other questions or comments on the issue of 16 alternative licensing rules? If there are no further 17 questions, without objection, I will place this item on 18 the Thursday Commission meeting agenda for public 19 comment and action. Thank you, Jerry. 20 Next, John Herron up with nongame 21 commercial permit regulation. 22 MR. HERRON: Good morning. Madam 23 Chairman and Commissioners, my name is John Herron, and 24 I am the branch chief for the Wildlife Diversity Branch 25 and Wildlife Division. Pleased to be here today to . 43 1 brief the Commission on two different regulatory actions 2 that are combined under this one agenda item. The 3 first -- there we go. The first item is a relatively 4 simple one. We are proposing to change our regulations 5 to allow individuals to temporarily possess and move 6 threatened and endangered species when those species are 7 threatened by construction, right-of-way maintenance, or 8 similar activities. We've had many requests for this 9 kind of authorization but currently do not have a permit 10 that covers the activity. The amendment that we're 11 proposing would allow the department to authorize 12 possession and temporary -- temporary possession and 13 transport of these animals by letter, avoiding the need 14 for a permit. And it would also give us the discretion 15 to determine when to issue that letter based on the 16 qualification of the individual at hand. 17 One thing I would note, too, is this is 18 really only a state permit we'd be doing. If the 19 individual is involved in relocating a federally 20 endangered species, it would also have to have the 21 appropriate federal permit, as well. In any event, 22 fairly simple proposal. 23 The second proposal, I wish it was as 24 simple. This one is going to be more complex and it 25 concerns our nongame commercial permits. These are . 44 1 regulations that were approved back in 1998 and became 2 effect in 1999. And we are proposing -- well, we've 3 committed to that time to come to the Commission three 4 years later and to revise these regulations as needed. 5 It was really a pilot, seeing if we could get a handle 6 on the collection and commercial sell of a number of 7 nongame species. My briefing today to you also includes 8 some changes we're recommending from what was originally 9 published in the Texas Register. 10 There we go. Overall, the permitting 11 system we have in place for nongame has been a 12 tremendous success. We had a lot of controversy, and we 13 established this three years ago. I think everybody 14 we're permitting now is very much in support of the 15 system. And the concerns they all have did not come to 16 pass. We now have a better handle on how many people 17 are involved in the collection and sale of these nongame 18 species, as this table shows. And numbers have remained 19 fairly constant, although we are seeing an increased 20 number of dealers who are purchasing permits. 21 We also better understand what species 22 are now commonly on trade. On this slide, I'm showing 23 the top three species that were reported to us over the 24 past three years, Black-tailed Prairie Dog, Texas spiny 25 soft-shell turtle, and the Western diamondback . 45 1 rattlesnakes. All three of these species, we had 2 reported sales, for the first two, of between 50 and 60 3 thousand animals in the three-year period. For 4 rattlesnakes, somewhere around 30,000 animals during the 5 three year period. So a significant occurring in these. 6 And each case is different. We have the pet trade for 7 the first, the Asian food market in the second, and then 8 the Rattlesnake Roundup phenomena for the third. We had 9 19 species overall where there were reports of 10 collection and sale of 2000 or more individuals during 11 that three-year period. So, as I said, we have a much 12 better handle. And it has helped us address the 13 concerns the public has expressed on commercial take. 14 Particularly, turtle trade, rattlesnake roundups, and 15 the pet prairie doing trade. 16 The changes we're proposing from our 17 current regulation, basically, is, currently we require 18 people to have a permit if they possess ten or more of a 19 species, we're going to increase that to 25 specimens. 20 Basically, the requirement would be that, if you are 21 taking any of the listed animals for commercial purposes 22 or possessing 25 or more, you would have to have one of 23 these permits. We're reducing the number of species 24 affected by this regulation from 210 nongame species to 25 40, which we think is a significant simplification. The . 46 1 data we collected has allowed us to see where trade is 2 significant and to reduce the scope of this regulation 3 to really where we think we need to focus. 4 We're reducing the reporting requirement. 5 Now requiring only dealers to submit an annual report 6 rather than both collectors and dealers. We found that 7 we're really getting the information we need from the 8 dealers alone. There's no sense to inconvenience the 9 collectors just to basically collect what's duplicate 10 data. We're also proposing for the first time to 11 prohibit certain means and methods of take. I'll go 12 into that in more detail shortly. Then we're also 13 clarifying that anybody who collects for commercial 14 export also needs a permit, even if they're not selling 15 within Texas. If they're collecting in Texas with the 16 intent to sell out of state, they have to have this 17 permit. 18 A few minor changes, too. There's been 19 some public confusion about the way the regulation was 20 worded. We're going to try and simplify our 21 terminology, basically, referring to the two permits. 22 The first is the nongame permit, the second the dealer's 23 nongame permit. This is a minor change from what was 24 published in Texas register where we proposed the first 25 one to be called a nongame commercial permit. That . 47 1 still seemed to be causing confusion, so we've just 2 eliminated the word commercial from it. We're 3 clarifying what the two -- differences are between the 4 two permits. Basically, only dealers can sell these 5 animals to the public. And people have the nongame can 6 only sell to dealers, kind of a tiered system. We're 7 also clarifying the fact that individuals who collect -- 8 we currently have an exemption for processed products. 9 We're saying now that individuals who collect and 10 process those animals themselves before a sell would 11 still need a permit. In the case of someone, for 12 example, collecting rattlesnakes, turning them into hat 13 fans and leather products. They would still have to 14 have a permit. 15 In regards to means and methods, we're 16 proposing to prohibit the use of vacuum-powered devices, 17 and, specifically, this addresses little prairie dogs 18 for the pet trade. As the picture shows -- my picture 19 changed. Anyway, on the left, it basically shows a 20 vacuum device on a tractor. And the reason we propose 21 this initially was that this was originally prohibited 22 by the U.S. Department of Agriculture as means of take. 23 And we had some inconsistencies between state law and 24 federal law. We proposed this in order to be 25 consistent. But since then, the USDA has changed their . 48 1 rules and are now allowing the use of vacuum devices in 2 a case-by-case basis. Nonetheless, our concern really 3 with this is the fact that it's a nonspecific means of 4 take. Not only are they taking prairie dogs out of 5 those burrows, but they are potentially taking protected 6 burrowing owls and other species. Basically, there's 7 nontarget effects or, as we were talking in a meeting a 8 few days, bycatch might be the proper term to use here. 9 So that's really what our concern is. I will point out, 10 we've had a lot of public comment on this issue. And I 11 expect we will have people showing up tomorrow to 12 testify on this. I've had about 45 e-mails supporting 13 the ban on vacuum devices. And one dealer who uses 14 vacuum devices who opposes that change. 15 Other changes we're also now requiring 16 that traps must be tagged. In our draft regulation that 17 we published we proposed this only be on unattended 18 traps. Since then, based on public comment, we're 19 proposing that all traps must be tagged, not just 20 unattended trapping nongame species. Also, we're 21 requiring that turtle traps must be have an opening 22 above the water in order to prevent the drowning of 23 turtles that are caught. 24 I mentioned we're changing reporting 25 requirements. We are now requiring dealers to include . 49 1 the permit number of the individual that they buy from. 2 We're changing the reporting period because we were 3 having a problem with the overlapping of the reporting 4 period ending after people had to renew their permits. 5 So we're now moving up the period of reporting, making 6 them due August 15th. 7 We're also going to require that people 8 maintain their records for two years. Again, this is a 9 minor change from what we published in the draft. We 10 had originally said one year. But then we realized 11 that, by moving up the reporting data, there is some 12 overlap and we really need dealers to keep two years of 13 records so we can be certain what happened during that 14 August/September time period. 15 As I mentioned the number of species 16 affected, we're reducing from 210 to 40, really focusing 17 on those species that we think we need data on 18 concerning commercial collection and sale. And one note 19 I wanted to make in terms of the species list is we have 20 removed bats from the list. They were on the list 21 before. But at the last legislative session, the 22 legislature passed a law protecting bats. So we can now 23 remove them from this list because take is no longer 24 allowed for commercial purposes. 25 Okay. I've got some long, several slides . 50 1 here, but I just want to sure the Commission was aware 2 of what species we are proposing to keep on this list. 3 I won't go over this in great detail. Basically, we are 4 seeing significant trade in toads and box turtles, as 5 well as a number of aquatic turtles. And these being 6 largely collected for sale overseas as part of the food 7 market. Several lizards, as well as rattlesnakes, Jack 8 rabbits and prairie dogs. We are proposing some changes 9 to the list that we published in the Texas Register 10 based on public comment. We are proposing to drop these 11 species from the list, as well. They're abundant 12 species, and we felt there really was no -- no need for 13 us to track collection of them. 14 Also, based on public comment, we 15 requested to retain some species on the list. 16 Basically, it was suggested to us that, if we're going 17 to keep a few -- the major aquatic turtles on the list, 18 that we should also keep those turtles on the list that 19 are similar to them in order to avoid people shifting 20 from harvesting one species going to an unregulated 21 species. And so, basically, these are closely related 22 species. It would just allow us some consistency in 23 making sure there's no shift in commercial trade or 24 reporting. And, again, these are all aquatic turtles. 25 Also, the diamondback terrapin, which is a species of . 51 1 concern. The spadefoot toad, again, similarity to 2 another toad we have on the list. And then, similarly, 3 it was recommend that if we're keeping diamondback -- 4 Western diamondback rattlesnakes on the list, that we 5 should keep all the rattlesnakes on the list. Again, in 6 order to assure that there is not a shift in harvest 7 from one species group to another. 8 With this, I'd be happy to answer any 9 questions the Commission may have. 10 COMMISSIONER ANGELO: Mr. Herron, has the 11 data that you've been able to obtain so far given you 12 any cause for concern about the numbers of any of these 13 species that are being trapped and traded and sold or 14 whatever. 15 MR. HERRON: Well, the challenge we have 16 in the nongame business is unlike the game management. 17 Unfortunately, we don't have good population data on 18 most of these species. So we're now getting good 19 harvest area. At least, human harvest. It doesn't tell 20 us what other mortality factors are. But, yeah, I think 21 so. And I think the one group of -- species group of 22 concern we've talked about the most are the box turtles. 23 Most other states prohibit the sale of box turtles. If 24 you go to most of the eastern states, their populations 25 have been decimated to the fact the situation where many . 52 1 of these states now list them as threatened and 2 endangered species. Our best guess is that we still 3 have abundant numbers of box turtles. But I think if we 4 were going to come at some point and request further 5 restriction on the take, box turtles would probably be 6 the first category we would. 7 We even debated this with -- I do have an 8 ad hoc advisory committee of permittees that assisted me 9 with this. And we had some discussions of this over the 10 past months. Well, if we were going to do it, how would 11 we do it? Would we have a slot limit? Would it be 12 prohibiting sell? Adults versus young? We really 13 didn't figure out a way to do it effectively, and we're 14 not that concerned at this point. But I would think 15 that's going to be the first species group. Secondly, 16 it would probably be the aquatic turtles. But, again, 17 they seem to be an abundant species. We're a big state 18 with a lot of public waters. We're not overly concerned 19 about the take of those, but we think it still merits us 20 to monitor harvest. 21 COMMISSIONER ANGELO: I want to also take 22 this opportunity to, John, to complement you and your 23 staff on the way you've handled this. I remember the 24 '98 meeting, and there was a lot of controversy about 25 it. There were a lot of unhappy people. You've done a . 53 1 good job of getting the constituency satisfied with what 2 you're doing. And you've also done what you promised, 3 and that's coming back and simplifying it and reducing 4 it. And I think you and your group need to be 5 complemented for that. 6 MR. HERRON: I appreciate that. 7 COMMISSIONER ANGELO: A job well done. 8 MR. HERRON: I'll pass it on to them. 9 COMMISSIONER FITZSIMONS: Commissioner 10 Ramos? 11 COMMISSIONER RAMOS: This may be a very 12 insignificant point, but on proposal one where you issue 13 the permit for the relocation of the species, do we 14 dictate, or do we control where that animal will then be 15 released? 16 MR. HERRON: Yes, sir. As part of that, 17 one of the conditions we basically have is that they can 18 only move them a short distance. The intent is that, 19 for example, if a power line right-of-way is going 20 through or a pipeline, that they be able to take those 21 animals and relocate them. Generally, we're talking in 22 the order of a few hundred yards. So it's not like 23 moving them from one county to another. The fact of the 24 matter is, you know, those people -- that construction 25 foreman, as soon as he or she goes and picks up a Texas . 54 1 tortoise and picks it up to move it, really they're in 2 violation of the law. So, yes, we do have that 3 condition included in the letter that we're proposing. 4 COMMISSIONER RAMOS: So that -- in other 5 words, they would be prohibited from taking it, let's 6 say, home or whatever. 7 MR. HERRON: Yes, sir. 8 COMMISSIONER RAMOS: Okay. Thank you. 9 John, to follow up on 10 Commissioner Angelo's comments, I also wanted to 11 complement you. I remember -- I was not on commission 12 at the time, but I remember the hearings on this. And 13 you handled a difficult situation well. It seems that 14 now we're finally get something data on some of these 15 species. Can you make a distinction between those that 16 are being harvested for the hobby trade, if that's the 17 right term, and those for food, commercial food 18 purposes? 19 MR. HERRON: Yes. And I think the way 20 we've been able to distinguish that is actually -- a 21 benefit of this permitting system has been we're having 22 much better dialogue with those people who are involved 23 in the commercial business. And I don't want to call it 24 hearsay because it's more than that. But in that 25 dialogue, you know, we do have people telling us -- for . 55 1 example, we were just talking to about the yellow mud 2 turtle, which is a pet animal, not a food trade. And 3 although numbers are low, basically, the dealers are 4 telling us, this is becoming a very popular animal. 5 Fortunately, it's a very abundant animal, as well. 6 Stock tanks and stuff. So through that dialogue, we are 7 getting an idea of which of these are collected for food 8 and which of these are collected for pets. And, again, 9 you know, really it's the turtles that -- the aquatic 10 turtles that are being sought in large numbers to 11 satisfy that food market for turtle meat, turtle soup, 12 and those types of things. 13 COMMISSIONER FITZSIMONS: Do you feel 14 like you have good idea about compliance if -- with the 15 regs because that follow-up -- 16 MR. HERRON: That's a very good question. 17 We have seen -- we have had concerns, minor concerns 18 over reporting. Generally, we're seeing anywhere from, 19 oh, 90 percent compliance. And we have people who buy 20 permits who neglect to send a report. Through 21 discussion, generally, it appears that these are people 22 who bought the permit but ended up never dealing or 23 collecting. And one of the reasons we wanted to 24 simplify this is to make it more worth our while to 25 actually do follow up on them. Because we now know if . 56 1 this regulation passes that these are species we are 2 vitally interested in, and that it would be appropriate 3 to go do some more follow up with them. We have had 4 discussions with people who are doing this without the 5 proper permits. I think we have very good compliance 6 with the dealers, because much like a lot of this 7 business, our best policing comes internally. And if 8 one dealer is aware of somebody else who is in the 9 business and doesn't have a permit, they will report 10 them. I think our compliance -- the reason we're seeing 11 more dealer permits being bought is because compliance 12 is increasing. Overall, it seems pretty good. 13 COMMISSIONER FITZSIMONS: Good. Thank 14 you. Any other questions? Comments? 15 Thank you, John. 16 If there are no further questions or 17 discussion, without objection, I'll place this item on 18 the Thursday Commission meeting agenda for public 19 comments and action. And that being our final item on 20 the agenda, is there any other business to come before 21 the regulations committee? There being none, we will 22 adjourn at 10:10. Madam Chair? 23 CHAIRMAN ARMSTRONG: Thank you, 24 Commissioner Fitzsimons. 25 (HEARING ADJOURNED) . 57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . 58 1 REPORTER'S CERTIFICATE 2 STATE OF TEXAS ) 3 COUNTY OF TRAVIS ) 4 5 I, SHANA R. WISE, a Certified Court Reporter in and 6 for the State of Texas, do hereby certify that the 7 foregoing pages constitute a full, true, and correct 8 transcript of the minutes of the Texas Parks and 9 Wildlife Commission on August 28, 2002 in the Commission 10 Hearing Room of the Texas Parks and Wildlife 11 Headquarters Complex, Austin, Travis County, Texas. 12 I FURTHER CERTIFY that the proceedings of said 13 public meeting were reported by me and accurately 14 reduced to typewriting under my supervision and control. 15 WITNESS MY HAND this the 21st day of October, 2002. 16 17 18 SHANA R. WISE, CSR NO. 6642 Expiration Date: 12-31-02 19 7800 IH 10 West Suite 100 20 San Antonio, Texas 78230 (210) 377-3027 21 22 EBS NO. 133345 23 24 25