Regulations Committee
Wednesday, 9:00am, Nov. 3, 2004
Commission Hearing Room4200 Smith School Road
Austin, TX 78744
| Item No. | Subject | Public Hearing Agenda Item No. |
|---|---|---|
| Approve previous Committee Meeting minutes. | ||
| 1. | Chairman's Charges (Oral Presentation) | Committee Only |
| 2. | Protection of Game Fish Under Freeze Conditions - Permission to Publish Staff: Larry McKinney |
Committee Only |
| 3. | Preview 2005-2006 Statewide Hunting / Fishing Proclamation Staff: Ken Kurzawski / Robin Riechers / Mike Berger |
Committee Only |
| 4. | Rule Review - Permission to Publish Proposed Changes
|
Committee Only |
| 5. | Rule Review - Permission to Publish
|
Committee Only |
| 6. | Other Business |
Committee Agenda Item No. 2
Presenter: Larry McKinney
Regulations Committee
Protection of Game and Fish Under Freeze Conditions
November 2004
I. Executive Summary: This item will explain proposed rules that are intended to protect game fish in coastal waters in the event of a freeze.
II. Discussion: From time to time, hard freezes occur on the Texas coast that kill game fish in shallow bay waters and cause surviving fish to congregate in a few deeper areas. The surviving fish in these deeper areas are sluggish and prone to capture. The high mortality that a freeze can cause may deplete fish stocks for years to come. Protection of the surviving fish during the few days when they are especially vulnerable to capture would likely shorten the time period for overall recovery of coastal species, especially speckled sea trout.
For these reasons, staff proposes to publish for public comment a rule that would authorize the Executive Director to close areas affected by freezes until the crisis passes. These closures would be limited to the deeper areas where fish are known to congregate in freezes and would end as soon as possible.
Committee Agenda Item No. 3
Presenters: Ken Kurzawski
Robin Riechers
Mike Berger
Regulations Committee
2005-2006 Statewide Hunting and Fishing Proclamation Potential Changes
November 2004
I. Executive Summary: This item apprises the committee of potential changes to the Statewide Hunting and Fishing Proclamation for the 2005-2006 season.
II. Discussion: Responsibility for establishing seasons, bag limits, and means and methods for taking wildlife resources is delegated to the Texas Parks and Wildlife Commission under Parks and Wildlife Code, Chapter 61. The potential changes are based upon statutory requirements and Commission policy, including scientific investigation and required findings of fact where applicable. The potential changes are intended to increase recreational opportunity, decrease regulatory complexity where possible, promote enforcement, and provide for the sound biological management of the wildlife resources of the state.
Attachments - 1
- Exhibit A - Potential Changes to the Statewide Hunting and Fishing Proclamation
Commission Agenda Item No. 3
Exhibit A
Potential Wildlife Regulation Proposals
White-tailed Deer
- Implementation of antler-restriction rules in selected additional counties.
- Elimination of doe-day restrictions in 33 counties.
- Doe-day consolidation in 36 counties.
- Elimination of aggregate buck-bag restriction in one-buck and two-buck counties.
- Increased buck limit under new antler restrictions in Austin, Colorado, Lavaca, Fayette, Lee, and Washington counties.
- Creation of appeals process for deer permit programs.
- Prohibition of hunting by remote control.
- Removal of Hunt and Washington counties from the list of counties where the use of dogs to trail wounded deer is prohibited.
- Housekeeping and clarification.
Mule Deer
- Extend Managed Lands Deer Permit program to include mule deer.
Turkey
- Open fall and spring seasons for Rio Grande turkey in Cameron and Zapata counties.
- Standardize spring season length in the eastern and western halves of the state.
- Standardize season length and bag composition for fall turkey seasons.
- Implement youth-only spring turkey seasons for Rio Grande turkey.
Potential Freshwater Fishing Regulation Proposals
Lake Nasworthy (Tom Green County)
Change harvest regulations for red drum from the current 20-inch minimum length limit and daily bag limit of 3 fish, to no length and no bag limit.
South Arm of the Concho River (Tom Green County)
Enact the following regulations: no minimum length limit and 5-fish daily bag limit in any combination for channel catfish and blue catfish and restrict legal devices to pole and line angling only.
Potential Coastal Fishing Regulation Proposals
Close the waters and mud flats under and around the bridge and causeway at Port Isabel and South Padre Island to shelling and the collection of certain species during the critical winter neap tides.
Add several species of mollusks and hermit crabs to the list of species regulated under the Commercial Nongame Permits Proclamation.
Committee Agenda Item No. 4
Presenter: Ann Bright
Regulations Committee
Rule Review – Chapters 59 and 69
November 2004
I. Executive Summary: Section 2001.039 of the Texas Government Code requires state agencies to review each rule under its jurisdiction at least once every four years. A state agency's review of a rule must include an assessment of whether the reasons for initially adopting the rule continue to exist. Notices of proposed review of Chapter 59-Parks and Chapter 69-Resource Protection were published in the Texas Register on September 24, 2004 (29 Tex.Reg. 9211). Following review of these chapters, TPWD staff is recommending several changes to ensure clarity and accuracy of the regulations and to eliminate unnecessary regulations.
II. Discussion / Recommendation: TPWD staff recommends publication of the following changes to Chapters 59 and 69:
Chapter 59, Parks:
- Subchapter B, Local Park Planning Assistance: Modify eligibility to reflect current practice of providing assistance to governmental bodies with a population of 20,000 or less.
Chapter 69, Resource Protection
- Subchapter A, Threatened, Endangered and Protected Native Plants. Clarification of commercial plant permit provisions of section 69.5; revision of the graphics in section 69.8 to include the following species recently discovered in Texas that have been listed by the United Stated Department of Agriculture: the Geocarpon minimum (listed by the USDA as threatened June 16, 1987), Coryphantha scheeri var. robustispina (pima pinapple cactus) (listed by the USDA as endangered September 23, 1993) and to correct the scientific names of other listed species;
- Subchapter B, Fish and Wildlife Values: Clarification of the definition of endangered species in section 69.21and the method of calculating fish and wildlife values in section 69.24; correction of citations in section 69.19 and 69.26; clarification of language in sections 69.20, 69.21, 69.24, 69.25 and 69.27.
- Subchapter D, Memorandum of Understanding. Revision of subchapter title and section 69.71 title to clarify that the Memorandum of Understanding referenced in this rule is between TPWD and the Texas Department of Transportation.
- Subchapter F, Health Certification of Native Shellfish: Clarification of language in section 69.77.
- Subchapter J, Scientific, Educational, and Zoological Permits: Modification of section 69.303 to address renewals.
Committee Agenda Item No. 5
Presenter: Ann Bright
Regulations Committee
Rule Review – Chapter 57
November 2004
I. Executive Summary: Section 2001.039 of the Texas Government Code requires state agencies to review each rule under its jurisdiction at least once every four years.
A state agency's review of a rule must include an assessment of whether the reasons for initially adopting the rule continue to exist. Under the requirements of this statute, this agency must now review Chapter 57, Fisheries, of Title 31 of the Texas Administrative Code.
With Commission approval, the agency will publish a Notice of Intent to Review for public comment in the Texas Register.