Regulations Committee

Wednesday, 9:00 am, August 20, 2008

Commissioner T. Dan Friedkin, Committee Chair
Scott Boruff, Committee Liaison

Approval of Previous Meeting Minutes

1. Land and Water Plan Update
   Staff: Carter Smith
2. Request Permission to Review Rules
   • Chapter 53 – Finance
   • Chapter 59 – Parks
   • Chapter 69 – Resource Protection
   Staff: Ann Bright
3. Rule Review - Request Permission to Publish Proposed Changes
   • Chapter 51 - Executive
   • Chapter 52 - Wildlife and Fisheries
   • Chapter 55 - Law Enforcement
   • Chapter 61 - Design and Construction
   Staff: Ann Bright
4. Southern Flounder Update
   Staff: Robin Riechers
5. Rule Amendment Regarding Additional Bycatch Reduction Devices for Shrimp Trawls Approved by the National Marine Fisheries Service (Action Item No. 7)
   Staff: Robin Riechers
6. 2008-2009 Migratory Game Bird Proclamation
   • Late Season Provisions (Action Item No. 5)
   • Early Season Update
   Staff: Vernon Bevill
7. Commercial Nongame Regulations (Action Item No. 6)
   Staff: Matt Wagner

Committee Agenda Item No. 1
Presenter: Carter Smith

Regulations Committee
Land and Water Plan Update
August 20 2008

I. Executive Summary: Executive Director Carter Smith will briefly update the Commission on the status of the agency's efforts to implement the Land and Water Resources Conservation and Recreation Plan (the Plan).

II. Discussion: In 2001, the 77th Texas Legislature directed that the Texas Parks and Wildlife Department (TPWD) develop a Land and Water Resources Conservation and Recreation Plan (Tex. Park & Wild. Code §11.104). In November 2002, the Texas Parks and Wildlife Commission (the Commission) adopted the first Plan. A revised Plan was adopted by the Commission in January 2005. The Plan is available on the TPWD web site. Executive Director Carter Smith will update the Regulations Committee on TPWD's recent progress in achieving the Plan's Goals and Objectives as they relate to the Regulations Committee.

The Plan consists of 8 Goals and a total of 56 Objectives. The Goals stated in the Plan are as follows:

• Goal 1: Improve access to the outdoors.
• Goal 2: Preserve, conserve, manage, operate, and promote agency sites for recreational opportunities, biodiversity, and the cultural heritage of Texas.
• Goal 3: Assist landowners in managing their lands for sustainable wildlife habitat consistent with their goals.
• Goal 4: Increase participation in hunting, fishing, boating and outdoor recreation.
• Goal 5: Enhance the quality of hunting, fishing, boating and outdoor recreation.
• Goal 6: Improve science, data collection and information dissemination to make informed management decisions.
• Goal 7: Maintain or improve water quality and quantity to support the needs of fish, wildlife and recreation.
• Goal 8: Continuously improve TPWD business management systems, business practices and work culture.

Committee Agenda Item No. 2
Presenter: Ann Bright

Regulations Committee
Rule Review
Permission to Begin Review
August 20, 2008

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.

II. Discussion: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, the Texas Parks and Wildlife Department (TPWD) must now review the follow chapters of Title 31 of the Texas Administrative Code: Chapter 53, Finance; Chapter 59, Parks; Chapter 69, Resource Protection.

With Commission approval, the staff will publish a Notice of Intent to Review for public comment in the Texas Register.

Committee Agenda Item No. 3
Presenter: Ann Bright

Regulations Committee
Rule Review – Permission to Publish Proposed Changes
August 20, 2008

I. Executive Summary: Section 2001.039 of the Texas Government Code requires each state agency to review each rule under its jurisdiction at least once every four years. TPWD staff is requesting permission to publish proposed changes to Texas Parks and Wildlife Department (TPWD) rules that have been reviewed.

II. Discussion: In May 2008, the Commission authorized TPWD staff to review the following chapters of Title 31 of the Texas Administrative Code: Chapter 51, Executive; Chapter 52, Wildlife and Fisheries; Chapter 55, Law Enforcement; Chapter 61, Design and Construction.

After reviewing these rules, staff now requests permission to publish the following proposed changes in the Texas Register for public comment:

Chapter 51, Executive: Revise the petition for rulemaking provisions (Subchapter A) to allow TPWD staff to deny a petition for rulemaking that is duplicative of a petition for rulemaking that has been denied within the previous 6 months and add a provision amending the process when staff believes a petition for rulemaking should be granted; revise the employee fundraising rules (Subchapter C) to more accurately reflect current agency practice; and, revise the hunter education rules (Subchapter D) to clarify the required passing grade.

Chapter 52, Wildlife and Fisheries: Change the title of Chapter 52 to "Stocking Policy."

Chapter 55, Law Enforcement: No change.

Chapter 61, Design and Construction: Revise the regional park program priority ranking system (Subchapter E) to track changes made to other programs in a previous rulemaking and revise the definition of "low income" in all the priority ranking systems.

Committee Agenda Item No. 4
Presenters: Robin Riechers

Regulations Committee
Southern Flounder Update
August 20, 2008

I. Executive Summary: This is a briefing to present the status and trends of southern flounder in Texas.

II. Discussion: This briefing item will present the status and trends of southern flounder in Texas. Flounder provide both recreational and commercial fishing opportunities along the Texas coast. The most recent information in 2007 indicated that southern flounder landings and abundance trends were at record low levels. This briefing will document the current status and outline the process planned to propose regulatory alternatives for the 2009 Statewide Hunting and Fishing Proclamation.