Texas Parks and Wildlife Commission
Public Hearing
November 2001 Commission Meeting
Committee and Public Hearing Synopsis Reports
REGULATIONS COMMITTEE
November 7, 2001
ITEM 1: Chairman’s Charges
ITEM 2: 2001-2002 Statewide Hunting and Fishing Proclamation; “Closed Season” for Crab Traps in Texas Coastal Waters
Presenter: Hal Osburn
This item reviews proposed changes to the Definitions section and the Crab and Ghost Shrimp section of the 2001-2002 Statewide Hunting and Fishing Proclamation as published in the October 5, 2001 issue of the Texas Register, and requests permission to forward proposed changes to the full Commission for adoption. Proposed changes include:
- In §65.3. Definitions,
crab traps will be exempted
from the requirement to
have on the gear tag the
date on which the device
was set out.
o The gear tag rule was initially intended to encourage fishermen to run their traps on a regular basis to minimize crab mortalities which typically occur in ignored, lost and abandoned crab traps
o With the advent of specific trap marking requirements implemented as a result of the Crab License and Finfish License Management programs, and requiring crab traps to be constructed with escape rings and degradable panels, it is no longer necessary to require the date to be on the gear tag
- In §65.78. Crabs
and Ghost Shrimp, a closed
season for the use of
crab traps will be established
during February 16 – March
3, 2002.
o The authority to establish this season was provided by the 77th Legislature in S.B. 1410.
o The intent of this season was to allow the removal of abandoned crab traps from public coastal waters
o Removal of these traps will reduce mortality of crabs caught in lost and abandoned crab traps
As of this writing, comments on these proposals were still being received. A complete summary of the comments will be provided at the presentation.
ITEM 3: Floating Cabins
Presenter: Dennis Johnston
The purpose of this action is to request approval by the Commission of the Floating Cabin Proclamation.
This item will:
- Establish a process for renewal of permits
- Set a yearly beginning and ending permit period
- Establish a process for relocation of floating cabins
- Clarify restrictions applicable to relocation sites
- Establish permit numbering system and manner of display
- Establish cabin identification and marking requirements
- Establish a floating cabin buyback program
- Establish criteria for marine sanitation devices and disposal of waste materials
ITEM 4: Potential Changes to the Statewide Hunting and Fishing Proclamation 2002-2003
Presenter: Phil Durocher, Robin Riechers, Gary Graham
This item briefs the Regulations Committee on potential changes to the 2002-2003 Statewide Hunting and Fishing Proclamation. The potential changes include:
- Re-adoption or repeal of provisions maintaining closed seasons in certain state-owned riverbeds
- Simplification of proof-of-sex requirements for deer
- Elimination in 14 East Texas counties of a regulation prohibiting the use of dogs to trail wounded deer
- Modification of the late youth-only season to allow harvest of buck deer and to require antlerless deer to be harvested by permit in all counties with ‘doe days’
- Modification of Managed Lands Deer (MLD) buck permit provisions to allow the harvest of spike-antlered bucks prior to the opening of the general season on Level II properties
- Modification of Managed Lands Deer (MLD) buck permit provisions to allow the harvest of bucks by means of archery during the archery season on Level II properties
- Increased number of ‘doe days’ in 17 north-central counties
- A special regulation to define buck deer Austin, Colorado, Lavaca, Fayette, Lee, and Washington counties
- Opening of a Fall Season for Rio Grande turkey in Hill County
- Opening of a standard Spring Season for Eastern turkey in Brazoria, Fort Bend, Matagorda, and Wharton counties
- Elimination of minimum length limits for sunfish on Purtis Creek State Park Lake
- Implementation of a slot limit, bag limit, and size restrictions for largemouth bass on Gibbons Creek Reservoir
- Implementation of an increased minimum length limit for largemouth bass on Brushy Creek Lake
- Elimination of slot limit and implementation of a minimum length limit for red drum on Coleto Creek Reservoir
- Changes in size and bag limits for spotted seatrout to increase the opportunity for catching trophy-sized fish
- Changes in the licensing criteria and bag limits on select species for fishing guides
- Requiring all fish landed from Texas coastal waters to conform to Texas size and bag limits
ITEM 5: Chapter 58 Rules Review and Statewide Shrimp Fishery Proclamation Review
Presenter: Robin Riechers
This item proposes a Rule Review for 31 TAC Chapter 58, Subchapter A (Statewide Oyster Fishery) as well as amendments to those sections of the subchapter regarding oyster lease rules. Proposed amendments are initiated at the direction of Senate Bill 305, 77th Legislature, Regular Session. Amendments include edit items for clarification and proposed amendments to provide consistency with Parks and Wildlife Code Chapter 76 as modified in Senate Bill 305.
The proposed amendments include:
- The term of the lease will be 15 years
- The rental fee changes from $3.00 to $6.00 per acre and a late penalty fee of 10% of the amount owed is charged if payment occurs after the due date
- If payment is not received within 90 days of the due date the lease is terminated.
- Provisions that set the terms for lease renewal, lease transfer, and lease auction if a lease is not renewed
- Establish a lease renewal and lease transfer fee of $200
- Establish a condition that, for renewal in March 1, 2002, an updated survey of the current lease be included
- A lease auction will only occur if a lease is not renewed
- Provisions to allow the Department to set a minimum acceptable bid price based on previous auctions, open market prices and other relevant factors
ITEM 6: Chapter 58 Rule Review and Statewide Oyster Fishery Proclamation Amendments
Presenter: Robin Riechers
This item proposes a Rule Review for 31 TAC Chapter 58, Subchapter A (Statewide Oyster Fishery) as well as amendments to those sections of the subchapter regarding oyster lease rules. Proposed amendments are initiated at the direction of Senate Bill 305, 77th Legislature, Regular Session.
These amendments will include procedures for:
- Lease renewal
- Lease transfer
- Lease auction
ITEM 7: Equine Anemia Regulations
Presenter: Jerry Cooke
This item amends the Public Lands Proclamation and State Park Operational Rules to require every equine entering a state park or unit of public hunting land to be accompanied by evidence of a recent, negative test result for Equine Infectious Anemia.
ITEM 8: Texas Cervid Disease Issues
Presenter: Jerry Cooke
This item will brief the Regulations Committee on:
A very brief history of Chronic Washing Disease (CWD), Tuberculosis (TB), etc. in the U. S. will be presented, along with the primary vehicles of expansion of them, and the actions being taken by other states and other Texas agencies will be discussed. The high visibility of CWD, TB, etc. in the news media has led to an increasing public awareness of their potential threat to the wild deer resources in Texas. While these types of diseases are primarily discussed in the context of wildlife, the potential impact of CWD, TB etc. on the domestic livestock industry in Texas is enormous.
FINANCE COMMITTEE
November 7, 2001
ITEM 1: Chairman’s Charges
ITEM 2: Financial Review and Update
Presenter: Suzy Whittenton
Staff will brief the Finance Committee with:
- A financial review for the year to date FY2002, including an update on Account 9, Game, Fish and Water Safety and Account 64, State Parks
- Focus on the sale of hunting and fishing licenses, boat registration and titling fees, and state park fees
- Updated budget and expenditure information will also be presented
ITEM 3: License System Update
Presenter: Suzy Whittenton, Terry Lewis
Staff will update the Finance Committee on the status of the implementation of the license system:
- Currently, TPW is piloting the WorldCom PC license system
- Licenses continue to be sold through the existing Transactive point-of-sale system.
ITEM 4: Boat Fees/Park Fees
Presenter: Suzy Whittenton, Walt Dabney, Dennis Johnston
Staff will present information regarding current boat registration and titling fees and park fees ranges, along with proposed changes.
ITEM 5: Artwork Approval
Presenter: Frances Stiles
This item provides the Committee the opportunity to review and approve the artwork utilized for the annual stamp and print program for Waterfowl, Saltwater, Turkey, and Nongame.
ITEM 6: Nonprofit Partners, Employee Fundraising, and Youth-Appropriate Advertising
Presenter: Gene McCarty
Staff will brief the Finance Committee on proposed regulations required by SB 305 (Sunset) to be published in the Texas Register. The proposed rules will outline the:
- Best practices for nonprofit partners of the department
- Requirements to comply with state standards and safeguards for accounting by nonprofit partners
- Guidelines for sponsorships by the official nonprofit partner
- Guidelines for solicitation of gifts by department employees
- Advertising that is appropriate for viewing by youth
CONSERVATION
COMMITTEE
November
7, 2001
ITEM 1: Chairman’s Charges
ITEM 2: Update Riverbed Use
Presenter: Larry McKinney
At the August 2001 Commission meeting, the Commission heard a briefing from Dr. Larry McKinney about motor vehicle use in the bed of the Nueces and other Texas rivers. Dr. McKinney will brief the Conservation Committee about information staff has learned since the August 2001 meeting. The Commission may discuss further actions to be taken by staff on this issue.
ITEM 3: Land Acquisition – Brazoria County
Presenter: Jack Bauer
In 1998 TPW acquired the Nannie M. Stringfellow Wildlife Management Area to function as the Coastal Bottomlands Mitigation Bank TXDOT. The 3,552-acre facility is represented as one of the few remaining large, mature, and contiguous tracts of bottomland hardwood forest habitat in the middle coast area. 90-acres have been offered as habitat additions to the facility.
This item will:
- Two willing sellers offering two 45-acre tracts at appraised value
- Funding provided by Lavaca Pipeline mitigation
- New access provided with the acquisition
ITEM 4: Land Exchange – Uvalde County
Presenter: Jack Bauer
A land exchange agreement has been reached that would trade-away an unused portion of Garner State Park to acquire view shed protection on a 482-acre adjacent property. The purpose of this Item is to provide this agreement to the Texas Parks and Wildlife Commission for consideration.
This item will:
- Trade-gain. Conservation easement restricting future subdivision and development on the 482.27-acre R/M Partnership family recreational ranch that is adjacent to Garner SP
- Trade-loss. Restricted 62.676-acre unused tract at Garner SP
- No cost to either party except appraisals
ITEM 5: Land Exchange – Travis County
Presenter: Jack Bauer
Del Valle Independent School District (DVISD) has acquired approximately 40 acres extending between the TPW Headquarters Complex and McKinney Falls Parkway for the purpose of constructing a new junior high school campus. An opportunity exists for TPW to participate in the construction of the DVISD campus road system that would provide new road access to the Department Headquarters from McKinney Falls Parkway at great cost savings and mutual benefit to both. A land exchange transaction with DVISD would be required to provide the real property arrangement that would allow the shared opportunity.
- Trade-gain. Fee ownership of approximately 1.57 acres of new road ROW connecting McKinney Falls Parkway and the TPW Headquarters Complex property
- Trade-loss. ROW easement to approximately 1.64 acres for use by DVISD for bus use at the new proposed campus
- Texas Department of Transportation will construct the road under the interagency agreement existing with that agency
- Estimated design and engineering costs of approximately $90,000 will be shared at a ratio of 1/3 TPW and 2/3 DVISD
ITEM 6: Land Acquisition – Brazoria County
Presenter: Jeff Francell
On November 6, Texas voters approved Proposition 8, which authorized Parks and Wildlife to issue $100 million in General Obligation Bonds for various development and improvement projects at facilities across the state. More than $4 million of these funds are directed for planning, restoration and interpretation of the Levi Jordan Plantation site in Brazoria County. This item approves the acquisition of the site with funding from the Parks and Wildlife Foundation of Texas.
This item will:
- 70 acres including historical artifacts
- Property offered by willing sellers
- Funding provided by Parks and Wildlife Foundation of Texas
ITEM 7: Land Acquisition – Hidalgo County
Presenter: Jeff Francell
The Weslaco World Birding Center site is located adjacent to a significant natural body of water, known locally as Llano Grande Lake. Most of the Llano Grande frontage adjacent to the Park is owned privately by one landowner. This landowner has offered to sell and lease approximately 34 acres that are critical in-holdings at the World Birding Center site.
This item will:
- Landowner agrees to sell approximately 12.8 acres
- Landowner agrees to lease approximately 21.65 acres
- The acquisition would improve park visitor’s access to Llano Grande Lake
- State Park Development Bonds would be used to fund the purchase
ITEM 8: Land Exchange – Nueces County
Presenter: Jeff Francell
The purpose of this Item is for the Commission to consider the exchange of property with the City of Corpus Christi. The City of Corpus Christi is responsible for providing services to part of the Island and has approached Parks and Wildlife about locating a fire station on a corner of the Park. In exchange for the land, the City has offered two acres adjacent to the south side of the park.
This item will:
- The City approached TPW
- The values of the two properties are equal
- There is no cost to the Department for this transaction
AD HOC INFRASTRUCTURE
COMMITTEE
November
7, 2001
ITEM 1: Chairman’s Charges
ITEM 2: Capital Projects Update
Presenter: Scott Boruff
Briefing given on projects. The presentation will provide visual highlights on several current projects.
OUTREACH
AND EDUCATION COMMITTEE
November 7, 2001
ITEM 1: Chairman’s Charges
ITEM 2: Outdoor Kids Adventure and Outdoor Kids Challenge
Presenter: Steve Hall
This briefing provides the Committee with an overview of two new initiatives that were implemented at Wildlife Expo in October within the overall scope of the Outdoor Kids program. Included are recommendations to improve these activities at future Expos.
ITEM 3: Texas Parks and Wildlife Outreach – Status Report
Presenter: Dr. Larry McKinney
ITEM 4: Hunter Education
Presenter: Steve Hall
This briefing provides the Committee with the status and success of the mandatory hunter education program – where we’ve been, where we are, and where we are headed. Texas is a leading state in the number of certifications with over 33,000 per year. Texas also has lead North America in an effort to use alternative delivery methods including home study and the Internet.
PUBLIC HEARING
SYNOPSIS REPORTS
PUBLIC HEARING
November 8, 2001
ACCEPTANCE OF GIFTS
RETIREMENT CERTIFICATES AND SERVICE AWARDS
PRESENTATION – Shikar-Safari Officer of the Year Award
Staff: Roy Lawrence
PRESENTATION – Michael Pauling Family
Staff: Roy Lawrence/Chairman Idsal
PRESENTATION – DOW Sponsorship of Public TV Broadcast
Staff: Lydia Saldaña
ITEM 1: ACTION – APPROVAL OF AGENDA - Chairman Idsal
ITEM 2: BRIEFING – Tenth Anniversary Texas Wildlife Expo Wrap-Up
Presenter: Ernie Gammage
-
ACTION: Commission review and discussion.
Summary of Tenth Anniversary Texas Wildlife Expo including Visitor Survey information, infrastructure analysis and outcome of outreach efforts.
ITEM 3: ACTION – 2001-2002 Statewide Hunting and Fishing Proclamation; “Closed Season” for Crab Traps in Texas Coastal Waters Waters
Presenter: Hal Osburn
-
ACTION: Commission consideration for adoption.
This item reviews proposed changes to the Definitions section and the Crab and Ghost Shrimp section of the 2001-2002 Statewide Hunting and Fishing Proclamation as published in the October 5, 2001 issue of the Texas Register, and requests permission to forward proposed changes to the full Commission for adoption. Proposed changes include:
- In §65.3. Definitions,
crab traps will be exempted
from the requirement to
have on the gear tag the
date on which the device
was set out.
o The gear tag rule was initially intended to encourage fishermen to run their traps on a regular basis to minimize crab mortalities which typically occur in ignored, lost and abandoned crab traps
o With the advent of specific trap marking requirements implemented as a result of the Crab License and Finfish License Management programs, and requiring crab traps to be constructed with escape rings and degradable panels, it is no longer necessary to require the date to be on the gear tag
- In §65.78. Crabs
and Ghost Shrimp, a closed
season for the use of
crab traps will be established
during February 16 – March
3, 2002.
o The authority to establish this season was provided by the 77th Legislature in S.B. 1410.
o The intent of this season was to allow the removal of abandoned crab traps from public coastal waters
o Removal of these traps will reduce mortality of crabs caught in lost and abandoned crab traps
As of this writing, comments on these proposals were still being received. A complete summary of the comments will be provided at the presentation.
ITEM 4: ACTION – Chapter 58 Rule Review and Statewide Shrimp Fishery Proclamation Review
Presenter: Hal Osburn
-
ACTION: Commission consideration for adoption.
This item proposes a Rule Review for 31 TAC Chapter 58, Subchapter A (Statewide Oyster Fishery) as well as amendments to those sections of the subchapter regarding oyster lease rules. Proposed amendments are initiated at the direction of Senate Bill 305, 77th Legislature, Regular Session. Amendments include edit items for clarification and proposed amendments to provide consistency with Parks and Wildlife Code Chapter 76 as modified in Senate Bill 305.
The proposed amendments include:
- The term of the lease will be 15 years
- The rental fee changes from $3.00 to $6.00 per acre and a late penalty fee of 10% of the amount owed is charged if payment occurs after the due date
- If payment is not received within 90 days of the due date the lease is terminated
- Provisions that set the terms for lease renewal, lease transfer, and lease auction if a lease is not renewed
- Establish a lease renewal and lease transfer fee of $200
- Establish a condition that, for renewal in March 1, 2002, an updated survey of the current lease be included
- A lease auction will only occur if a lease is not renewed
- Provisions to allow the Department to set a minimum acceptable bid price based on previous auctions, open market prices and other relevant factors
ITEM 5: BRIEFING – Update on State Park System
Presenter: Walt Dabney
Briefing to provide information on new park openings, status of exceptional item request, Lone Star Legacy, improved rental facilities, CRC status, State Parks Annual Meeting, marketing and customer service. Update on the establishment of State Parks, Historic Sites and Local Parks Advisory Boards.
ITEM 6: BRIEFING –Status of Texas State Bison Herd
Presenter: Danny A. Swepston
-
ACTION: Commission review and discussion.
The Texas State Bison Herd (TSBH ) represents the last known population of bison native to Texas and possibility the last representatives of the Great Southern Herd, which roamed over Texas and several adjacent states.
Goals of the project are to:
- Implement a selective breeding program to increase the herd’s size and maintain it’s unique genetic integrity
- Develop public viewing opportunities while staying within guidelines of the overall goals of the TSBH project
- Development of a statewide interpretative program to educate the public about the TSBH and the role of bison in Texas history and the prairie ecosystem
ITEM 7: ACTION – Floating Cabins
Presenter: Dennis Johnston
-
ACTION: Commission consideration for adoption.
The purpose of this action is to request approval by the Commission of the Floating Cabin Proclamation.
This item will:
- Establish a process for renewal of permits
- Set a yearly beginning and ending permit period
- Establish a process for relocation of floating cabins
- Clarify restrictions applicable to relocation sites
- Establish permit numbering system and manner of display
- Establish cabin identification and marking requirements
- Establish a floating cabin buyback program
- Establish criteria for marine sanitation devices and disposal of waste materials
ITEM 8: ACTION – Artwork Approval
Presenter: Frances Stiles
-
ACTION: Commission consideration for adoption.
This item provides the Commission the opportunity to review and approve the artwork utilized for the annual stamp and print program for Waterfowl, Saltwater, Turkey, and Nongame.
ITEM 9: BRIEFING – Black Bear in Texas
Presenter: Gary Graham
-
ACTION: Commission review and discussion.
Black bear activity in Texas has been on the rise for the last 15 years. This increase in activity is heavily influenced by expanding bear populations in Mexico and New Mexico that spillover into western Texas, and expanding populations in Arkansas, Louisiana and Oklahoma that have spread to eastern Texas. As bear activity continues to increase in the Trans-Pecos and Pineywoods, TPW will face management and conservation challenges more frequently. It may be time for a comprehensive black bear management planning effort in Texas so that we can fulfill our conservation mission while dealing with statewide bear issues in the future.
ITEM 10: ACTION - Land Acquisition – Brazoria County
Presenter: Jack Bauer
-
ACTION: Commission consideration for adoption.
In 1998 TPW acquired the Nannie M. Stringfellow Wildlife Management Area to function as the Coastal Bottomlands Mitigation Bank TXDOT. The 3,552-acre facility is represented as one of the few remaining large, mature, and contiguous tracts of bottomland hardwood forest habitat in the middle coast area. 90-acres have been offered as habitat additions to the facility.
This item will:
- Two willing sellers offering two 45-acre tracts at appraised value
- Funding provided by Lavaca Pipeline mitigation
- New access provided with the acquisition
ITEM 11: ACTION – Land Exchange – Uvalde County
Presenter: Jack Bauer
-
ACTION: Commission consideration for adoption.
A land exchange agreement has been reached that would trade-away an unused portion of Garner State Park to acquire view shed protection on a 482-acre adjacent property. The purpose of this Item is to provide this agreement to the Texas Parks and Wildlife Commission for consideration.
This item will:
- Trade-gain. Conservation easement restricting future subdivision and development on the 482.27-acre R/M Partnership family recreational ranch that is adjacent to Garner SP
- Trade-loss. Restricted 62.676-acre unused tract at Garner SP
- No cost to either party except appraisals
ITEM 12: ACTION – Land Exchange – Travis County
Presenter: Jack Bauer
-
ACTION: Commission consideration for adoption.
Del Valle Independent School District (DVISD) has acquired approximately 40 acres extending between the TPW Headquarters Complex and McKinney Falls Parkway for the purpose of constructing a new junior high school campus. An opportunity exists for TPW to participate in the construction of the DVISD campus road system that would provide new road access to the Department Headquarters from McKinney Falls Parkway at great cost savings and mutual benefit to both. A land exchange transaction with DVISD would be required to provide the real property arrangement that would allow the shared opportunity.
- Trade-gain. Fee ownership of approximately 1.57 acres of new road ROW connecting McKinney Falls Parkway and the TPW Headquarters Complex property
- Trade-loss. ROW easement to approximately 1.64 acres for use by DVISD for bus use at the new proposed campus
- Texas Department of Transportation will construct the road under the interagency agreement existing with that agency
- Estimated design and engineering costs of approximately $90,000 will be shared at a ratio of 1/3 TPW and 2/3 DVISD
ITEM 13: ACTION – Land Acquisition – Brazoria County
Presenter: Jeff Francell
-
ACTION: Commission consideration for adoption.
On November 6, Texas voters approved Proposition 8, which authorized Parks and Wildlife to issue $100 million in General Obligation Bonds for various development and improvement projects at facilities across the state. More than $4 million of these funds are directed for planning, restoration and interpretation of the Levi Jordan Plantation site in Brazoria County. This item approves the acquisition of the site with funding from the Parks and Wildlife Foundation of Texas.
This item will:
- 70 acres including historical artifacts
- Property offered by willing sellers
- Funding provided by Parks and Wildlife Foundation of Texas
ITEM 14: ACTION – Land Acquisition – Hidalgo County
Presenter: Jeff Francell
-
ACTION: Commission consideration for adoption.
The Weslaco World Birding Center site is located adjacent to a significant natural body of water, known locally as Llano Grande Lake. Most of the Llano Grande frontage adjacent to the Park is owned privately by one landowner. This landowner has offered to sell and lease approximately 34 acres that are critical in-holdings at the World Birding Center site.
This item will:
- Landowner agrees to sell approximately 12.8 acres
- Landowner agrees to lease approximately 21.65 acres
- The acquisition would improve park visitor’s access to Llano Grande Lake
- State Park Development Bonds would be used to fund the purchase
ITEM 15: ACTION – Land Exchange – Nueces County
Presenter: Jeff Francell
-
ACTION: Commission consideration for adoption.
The purpose of this Item is for the Commission to consider the exchange of property with the City of Corpus Christi. The City of Corpus Christi is responsible for providing services to part of the Island and has approached Parks and Wildlife about locating a fire station on a corner of the Park. In exchange for the land, the City has offered two acres adjacent to the south side of the park.
This item will:
- The City approached TPW
- The values of the two properties are equal
- There is no cost to the Department for this transaction
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