Texas Parks and Wildlife Commission
Public Hearing
August 2003 Commission Meeting
Committee and Public Hearing Synopsis Reports
REGULATIONS COMMITTEE
August 27, 2003
ITEM 1: Chairman’s Charges
ITEM 2: Oyster Dredge Regulation Presenter: Larry Young/Robin Riechers
- This item proposes submitting changes to 31 TAC §58.22 (a) Gear Restrictions (Oyster Fishery Proclamation) to the full Commission for adoption.
- These proposed changes add two new subsections to the Statewide Oyster Fishery Proclamation, which states how an additional dredge and/or lifting device must be stored on an oyster boat.
- The rule is necessary to eliminate the opportunity for the rigging of a second dredge and to provide for law enforcement to enforce the current one dredge rule.
ITEM 3: Petition for Rulemaking Procedure Presenter: Ann Bright
This item proposes adoption of amendments to 31 TAC §51.3 concerning procedures for responding to petitions for rulemaking.
ITEM 4: Alligator Proclamation Presenter: Mike Berger/Amos Cooper/Monique Slaughter
This item presents proposed amendments to the Statewide Alligator Proclamation. The proposed amendments would:
- create an exemption from the import permit requirement for persons entering Texas with live alligators solely for the purpose of shipping the alligators out of state;
- require import permits to be effective for one year, rather than for one instance of import.
- create a documentation option for persons possessing parts other than the hide;
- prohibit the feeding of free-ranging alligators;
- require persons who kill an alligator in self-defense to report the incident immediately, rather than within 24 hours
- require floats to be attached to all lines used with hand-held taking devices;
- create a marking requirement for alligator skulls of greater than nine inches in length;
- modify notification and reporting requirements for various classes of permittees;
- effect housekeeping and nonsubstantive changes for clarification.
ITEM 5: Statewide Fur-bearing Animal Proclamation Presenter: Mike Berger/John Young
This item presents amendments to the Statewide Fur-bearing Animal Proclamation to require all otters taken in the state to be tagged with a state-supplied Convention on the International Trade in Endangered Species CITES tag, and revamps the proclamation to make it more user-friendly. The changes include:
- adding definitions of 'consumer' and 'export;'
- clarifying definitions of 'commercial harvest' and 'finished product;'
- elimination of the retail fur buyer license;
- consolidation of all provisions relating to sales and purchases by various classes of permittees;
- facility inspection requirements for all persons who possess live fur-bearing animals under a propagation permit;
- prohibition on the take of fur-bearing animals from the wild by propagation permit except during the open commercial trapping season;
- clarification and housekeeping-type changes
ITEM 6: Surplus Deer – Antlerless and Spike Buck Deer Control Permits – Trap, Transport, and Process Permits Presenters: Clayton Wolf/Scott Boruff
- This item proposes rules relating to antlerless and spike-buck deer control (ADC) permits and permits to trap, transport, and process white-tailed deer.
- The proposed rules lengthen the period of validity of ADC permits, allow for participation of youth hunters in permitted activities, and create a permit that allows political subdivisions and homeowners’ associations to trap and transport white-tailed deer to processing facilities.
FINANCE COMMITTEE
August 27, 2003
ITEM 1: Chairman’s Charges
ITEM 2: TPWD Investment Policy and Budget Policy Presenter: Mary Fields
- Staff will present the recommended FY2004 operating and capital budget for consideration by the Committee.
- Staff will also discuss the department’s investment and budget policies.
ITEM 3: Implementation of HB 2926 – Marine Dealers Bill – Marine Dealer Regulations – Boat Decal Placement for Antique Boats – Boat Ownership and Accident Record Fees – Bonded Titles for Boats Presenters: Frances Stiles/Dennis Johnston
This item provides the Committee/Commission the opportunity to review four issues concerning the implementation of HB2926 which include:
1. License regulations for Marine Dealers, Distributors, and Manufacturers,
2. Registration decal placement for specific circumstances,
3. Fees for ownership and accident records, and
4. Defining acceptable situations for the issuance of bonded tiles for vessels or outboard motors.
ITEM 4: Chapter 53 License Fee Adjustments – Non Resident Guide – Commercial Shrimp License Surcharge – Lake Texoma Fishing License – Elimination of Conservation Permit – Honorary Citizen (definition issue) Presenter: Julie Horsley
This item reviews proposed changes to Chapter 53 as listed below. These changes are necessary to:
- remove unnecessary language related to conservation permits;
- implement authority provided in the Parks and Wildlife Code related to the definition of “resident” for the purpose of purchasing hunting and fishing licenses;
- implement authority in Chapter 46 of the Parks and Wildlife Code related to fees for the Lake Texoma Fishing License; and
- comply with provisions of House Bill 2470 and 1858, and Senate Bill 608 of the 77th Regular Session.
The proposed changes would:
- Eliminate the conservation permits effective January 1, 2004;
- Allow nonresidents designated as residents by proclamation of the Governor to purchase a lifetime license;
- Increase the Lake Texoma fishing license from $7.50 to $12.00, contingent on similar increases adopted by the State of Oklahoma;
- Increase the fees for resident and nonresident commercial gulf and bay shrimp boat licenses and retail and wholesale fish dealer and fish dealer truck licenses by 10% to comply with statutory requirements; and
- Separate the current fishing guide license into resident and nonresident categories, and set fees for the nonresident saltwater guide license at $1,000 effective September 1, 2004.
ITEM 5: Chapter 59 Park Range Adjustments Presenter: Walt Dabney
Staff will present proposed changes to 31 TAC Chapter 59.
- Incorporate fee range increases;
- Modify and edit fee language to improve clarity, readability;
- Align it with current department practices for setting fees within the State Parks Division.
ITEM 6: Grants – Outdoor Grants – Regional Grants – Small Community Grants – National Recreational Trails Grants – Target Range Grants Presenter: Tim Hogsett
Outdoor Grants:
- Make grants from the Texas Recreation and Parks Account to local governments for the acquisition and/or development of outdoor recreation sites from the Local Park Fund Program.
- As of January 31, 2003 TPWD received 32 applications requesting $14,006,750 in matching fund assistance.
- Staff is asking for authorization for the increase in the facility transfer agreement with the City of Kerrville for Kerrville-Schreiner State Park in the amount of $29,741 to cover the costs associated with the park remaining on the Department Central Reservation Center system.
- Staff is recommending support of nine projects in the amount of $4,389,793.
- Staff is recommending the Department allocate $1,000,000 for a one-time grant to the City of Houston for the purpose of completing park restoration projects at Hermann Park as is required by a rider to the Department appropriations act.
Regional Grants:
- Make grants from the Texas Recreation and Parks Account to a Texas local government for acquisition and development of an outdoor recreation site from the Regional Park Grant Program.
- As of January 31, 2003 TPWD received 8 applications requesting $15,410,755 in matching fund assistance.
- Staff is recommending support of one project in the amount of $2,000,000.
Small Community Grants:
- Make grants from the Texas Recreation and Parks Account to Texas local governments for acquisition and/or development of outdoor recreation sites from the Small Community Grants Program.
- As of January 31, 2003 TPWD received 35 applications requesting $1,613,721 in matching fund assistance.
- Staff is recommending support of 18 projects in the amount of $858,354.
National Recreational Trails Grants:
- Award federal funds allocated under the National Recreational Trail Grants for trail construction, renovation and acquisition projects.
- These funds must be obligated to projects by the end of the federal fiscal year September 30, 2003.
- Obligates federal National Recreational Trail Funds to eligible trail projects based upon the recommendations of the Texas Trails Advisory Board.
Target Range Grants:
- Four new target range grant projects are proposed, one new project, the Victoria Trap and Skeet Club, and three enhancement projects — one in Houston at American Shooting Centers and two in Dallas at Elm Fork Shooting Park and DFW Gun Range and Training Center, L.L.C.
- Grants are awarded pending the availability of federal funds.
- Applicants have the 25 percent in-kind match required for each of their individual projects.
CONSERVATION COMMITTEE
August 27, 2003
ITEM 1: Chairman’s Charges
ITEM 2: – Galveston County Presenter: Ronnie Ray
The Department has received a request for an easement across a six-acre tract of Galveston Island State Park to access a landlocked lot. This action will:
- Allow vehicular and pedestrian traffic across TPWD land;
- Destroy high quality habitat in the easement path;
- Severely disrupt the natural resources and wildlife of the surrounding area;
- Have no beneficial aspect to the park or the park visitors.
ITEM 3: Land Acquisitions – Bastrop County – Houston County – Brewster County – Harris County Presenter: Jack Bauer
PUBLIC HEARING SYNOPSIS REPORTS
PUBLIC HEARING
August 28, 2003
APPROVAL OF MINUTES
ACCEPTANCE OF GIFTS
RETIREMENT CERTIFICATES AND SERVICE AWARDS
Certificates of Appreciation: TPWD Employees on active military duty Staff: Al Bingham
ITEM 1: ACTION – Approval of Agenda
ITEM 2: ACTION – Election of Vice Chairman Presenter: Chairman Armstrong
ACTION: Commission review and discussion.
ITEM 3: BRIEFING – Texas Wildlife Expo Presenter: Ernie Gammage
ACTION: Commission review and discussion.
Overview of 2003 Texas Wildlife Expo and viewing of 2003 marketing video.
ITEM 4: ACTION – Outdoor Grants Presenter: Tim Hogsett
ACTION: Commission consideration for adoption.
Outdoor Grants:
- Make grants from the Texas Recreation and Parks Account to Texas local governments for the acquisition and/or development of outdoor recreation sites from the Local Park Fund Program.
- As of January 31, 2003 TPWD received 32 applications requesting $14,006,750 in matching fund assistance.
- Staff is asking for authorization for the increase in the facility transfer agreement with the City of Kerrville for Kerrville-Schreiner State Park in the amount of $29,741 to cover the costs associated with the park remaining on the Department Central Reservation Center system.
- Staff is recommending support of nine projects in the amount of $4,389,793.
- Staff is recommending the Department allocate $1,000,000 for a one-time grant to the City of Houston for the purpose of completing park restoration projects at Hermann Park as is required by a rider to the Department appropriations act.
ITEM 5: ACTION – Regional Grants Presenter: Tim Hogsett
ACTION: Commission consideration for adoption.
- Make grants from the Texas Recreation and Parks Account to a Texas local government for acquisition and development of an outdoor recreation site from the Regional Park Grant Program.
- As of January 31, 2003 TPWD received 8 applications requesting $15,410,755 in matching fund assistance.
- Staff is recommending support of one project in the amount of $2,000,000.
ITEM 6: ACTION – Small Community Grants Presenter: Tim Hogsett
ACTION: Commission consideration for adoption.
- Make grants from the Texas Recreation and Parks Account to Texas local governments for acquisition and/or development of outdoor recreation sites from the Small Community Grants Program.
- As of January 31, 2003 TPWD received 35 applications requesting $1,613,721 in matching fund assistance.
- Staff is recommending support of 18 projects in the amount of $858,354.
ITEM 7: ACTION – National Recreational Trail Grant Fund Awards Presenter: Tim Hogsett
- Award federal funds allocated under the National Recreational Trail Grants for trail construction, renovation and acquisition projects.
- These funds must be obligated to projects by the end of the federal fiscal year September 30, 2003.
- Obligates federal National Recreational Trail Funds to eligible trail projects based upon the recommendations of the Texas Trails Advisory Board
ITEM 8: ACTION – Target Range Grants Presenter: Tim Hogsett
ACTION: Commission consideration for adoption.
- Four new target range grant projects are proposed, one new project, the Victoria Trap and Skeet Club, and three enhancement projects — one in Houston at American Shooting Centers and two in Dallas at Elm Fork Shooting Park and DFW Gun Range and Training Center, L.L.C.
- Grants are awarded pending the availability of federal funds.
- Applicants have the 25 percent in-kind match required for each of their individual projects.
ITEM 9: ACTION – 2004 Operating and Capital Budget TPWD Investment Policy and Budget Policy Presenter: Mary Fields
ACTION: Commission consideration for adoption.
- Staff will present the recommended FY2004 operating and capital budget for consideration by the Committee.
- Staff will also discuss the department’s investment and budget policies.
ITEM 10: ACTION – Oyster Dredge Regulation Presenters: Larry Young/Robin Riechers
ACTION: Commission consideration for adoption.
- This item proposes submitting changes to 31 TAC §58.22 (a) Gear Restrictions (Oyster Fishery Proclamation) to the full Commission for adoption.
- These proposed changes add two new subsections to the Statewide Oyster Fishery Proclamation, which states how an additional dredge and/or lifting device must be stored on an oyster boat.
- The rule is necessary to eliminate the opportunity for the rigging of a second dredge and to provide for law enforcement to enforce the current one dredge rule.
ITEM 11: ACTION – Petition for Rulemaking Procedure Presenter: Ann Bright
ACTION: Commission consideration for adoption.
This item proposes adoption of amendments to 31 TAC §51.3 concerning procedures for responding to petitions for rulemaking.
ITEM 12: ACTION – Implementation of HB 2926 – Marine Dealers Bill – Marine Dealer Regulations – Boat Decal Placement for Antique Boats – Boat Ownership and Accident Record Fees – Bonded Titles for Boats Presenter: Frances Stiles/Dennis Johnston
ACTION: Commission consideration for adoption.
This item provides the Committee/Commission the opportunity to review four issues concerning the implementation of HB2926 which include:
1. License regulations for Marine Dealers, Distributors, and Manufacturers,
2. Registration decal placement for specific circumstances,
3. Fees for ownership and accident records, and
4. Defining acceptable situations for the issuance of bonded tiles for vessels or outboard motors.
ITEM 13: ACTION – Chapter 53 License Fee Adjustments – Non-Resident Guide – Commercial Shrimp License Surcharge – Lake Texoma Fishing License – Elimination of Conservation Permit – Honorary Citizen (Definition issue) Presenter: Julie Horsley
ACTION: Commission consideration for adoption.
This item reviews proposed changes to Chapter 53 as listed below. These changes are necessary to:
- remove unnecessary language related to conservation permits;
- implement authority provided in the Parks and Wildlife Code related to the definition of “resident” for the purpose of purchasing hunting and fishing licenses;
- implement authority in Chapter 46 of the Parks and Wildlife Code related to fees for the Lake Texoma Fishing License; and
- comply with provisions of House Bill 2470 and 1858, and Senate Bill 608 of the 77th Regular Session.
The proposed changes would:
- Eliminate the conservation permits effective January 1, 2004;
- Allow nonresidents designated as residents by proclamation of the Governor to purchase a lifetime license;
- Increase the Lake Texoma fishing license from $7.50 to $12.00, contingent on similar increases adopted by the State of Oklahoma;
- Increase the fees for resident and nonresident commercial gulf and bay shrimp boat licenses and retail and wholesale fish dealer and fish dealer truck licenses by 10 percent to comply with statutory requirements; and
- Separate the current fishing guide license into resident and nonresident categories, and set fees for the nonresident saltwater guide license at $1,000 effective September 1, 2004.
ITEM 14: ACTION – Chapter 59 Park Fee Range Adjustments Presenter: Walt Dabney
ACTION: Commission consideration for adoption.
Staff will present proposed changes to 31 TAC Chapter 59.
- Incorporate fee range increases;
- Modify and edit fee language to improve clarity, readability;
- Align it with current department practices for setting fees within the State Parks Division.
ITEM 15: ACTION – Alligator Proclamation Presenter: Mike Berger/Amos Cooper/Monique Slaughter
ACTION: Commission consideration for adoption.
This item presents proposed amendments to the Statewide Alligator Proclamation. The proposed amendments would:
- create an exemption from the import permit requirement for persons entering Texas with live alligators solely for the purpose of shipping the alligators out of state;
- require import permits to be effective for one year, rather than for one instance of import;
- create a documentation option for persons possessing parts other than the hide;
- prohibit the feeding of free-ranging alligators;
- require persons who kill an alligator in self-defense to report the incident immediately, rather than within 24 hours;
- require floats to be attached to all lines used with hand-held taking devices;
- create a marking requirement for alligator skulls of greater than nine inches in length;
- modify notification and reporting requirements for various classes of permittees;
- effect housekeeping and nonsubstantive changes for clarification.
ITEM 16: ACTION – Statewide Fur-bearing Animal Proclamation Presenters: Mike Berger/John Young
ACTION: Commission consideration for adoption.
This item presents amendments to the Statewide Fur-bearing Animal Proclamation to require all otters taken in the state to be tagged with a state-supplied Convention on the International Trade in Endangered Species CITES tag, and revamps the proclamation to make it more user-friendly. The changes include:
- adding definitions of 'consumer' and 'export;'
- clarifying definitions of 'commercial harvest' and 'finished product;'
- elimination of the retail fur buyer license;
- consolidation of all provisions relating to sales and purchases by various classes of permittees;
- facility inspection requirements for all persons who possess live fur-bearing animals under a propagation permit;
- prohibition on the take of fur-bearing animals from the wild by propagation permit except during the open commercial trapping season;
- clarification and housekeeping-type changes
ITEM 17: ACTION – Surplus Deer – Antlerless and Spike Buck Deer Control Permits – Trap, Transport, and Process Permit Presenters: Mike Berger/Clayton Wolf
ACTION: Commission consideration for adoption.
- This item proposes rules relating to antlerless and spike-buck deer control (ADC) permits and permits to trap, transport, and process white-tailed deer.
- The proposed rules lengthen the period of validity of ADC permits, allow for participation of youth hunters in permitted activities, and create a permit that allows political subdivisions and homeowners’ associations to trap and transport white-tailed deer to processing facilities.
ITEM 18: ACTION –Easement Request – Galveston County Presenter: Ronnie Ray
ACTION: Commission consideration for adoption.
The Department has received a request for an easement across a six acre tract of Galveston Island State Park to access a landlocked lot. This action will:
- Allow vehicular and pedestrian traffic across TPWD land
- Destroy high quality habitat in the easement path
- Severely disrupt the natural resources and wildlife of the surrounding area
- Have no beneficial aspect to the park or the park visitors
ITEM 19: ACTION – Land Acquisitions &ndash: Bastrop County &ndash: Houston County &ndash: Brewster County &ndash: Harris County Presenters: Jack Bauer
ACTION: Commission consideration for adoption.
This item will be a handout.
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