Work Session Item No. 1
Presenter: Carter Smith

Work Session
TPWD Land and Water Resources Conservation and Recreation Plan
May 20, 201

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 & Wildlife Code §11.104). In 2002, the Texas Parks and Wildlife Commission (the Commission) adopted the first Plan. A revised Plan was adopted by the Commission in January 2005. In November 2009, the Commission approved a new Plan, effective January 1, 2010, that included broad input from stakeholders and the general public.  Minor revisions continue to be made to the plan. The 2015 version of the Plan is available on the TPWD web site. Executive Director Carter Smith will update the Commission on TPWD’s recent progress in achieving the Plan’s goals, objectives and deliverables.

The Plan consists of the following four goals:

1. Practice, Encourage and Enable Science-based Stewardship of Natural and Cultural Resources
2. Increase Access To and Participation In the Outdoors
3. Educate, Inform and Engage Texas Citizens in Support of Conservation and Recreation
4. Employ Efficient, Sustainable and Sound Business Practices

Work Session Item No. 2
Presenter: Carter Smith

Work Session
Legislative Update
May 20, 2015

I.       Executive Summary: Executive Director Carter Smith will present a legislative update regarding the 84th Texas Legislature.

II.     Discussion: Executive Director Carter Smith will update the Commission on the deliberations of the Conference Committee on Appropriations and other major legislative issues and initiatives impacting Texas Parks and Wildlife Department.  In addition, permission will be requested to publish proposed rules in the Texas Register that may be required to implement legislation enacted by the 84th Texas Legislature.

Work Session Item No. 3
Presenter: Mike Jensen

Work Session
Financial Overview
May 20, 2015

I.       Executive Summary:  Staff will present a financial overview of the Texas Parks and Wildlife Department (TPWD).

II.     Discussion: Staff will update the Commission on revenue collected by TPWD for Fiscal Year (FY) 2015 and will compare the FY 2015 budget to FY 2015 expenditures and summarize recent budget adjustments.

Work Session Item No. 4
Presenter: Cindy Hancock

Work Session
Internal Audit Update
May 20, 2015

I.       Executive Summary:  Staff will provide a status report on the TPWD Fiscal Year (FY) 14 and FY15 Internal Audit Plan and ongoing or completed external audits.

II.        Discussion:  Staff will present a status report on the TPWD FY14 and FY15 Internal Audit Plan as well as external audits that have been completed and/or are ongoing.

Work Session Item No. 9
Presenter: Clayton Wolf
Alan Cain

Work Session
Managed Lands Deer Program Rules
May 20, 2015

I. Executive Summary:  Staff seeks permission to publish new regulations to replace the current Landowner Assisted Management Permit System (LAMPS) and Managed Lands Deer (MLD) Permit program. Briefly, the proposed new rules would:

• Eliminate the current MLD (white-tailed deer, mule deer) and LAMPS programs;
• Create a new two-tiered MLD Program, consisting of:
  •  an automated tag issuance option (the Harvest Option) allowing an enhanced bag limit and gun harvest of antlerless and buck deer with at least one unbranched antler from the Saturday closest to September 30 to the last day in February;
  • a more intensive habitat management option (the Conservation Option) allowing an enhanced bag limit and either-sex gun harvest from the Saturday closest to September 30 to the last day in February;
  • Require all reporting and recordkeeping to be done electronically via the department’s Texas Wildlife Information Management Services (TWIMS) system.

II. Discussion:  The current Managed Lands Deer Permit program has been in effect since 1996 for white-tailed deer and 2005 for mule deer and has been a very successful vehicle for encouraging deer harvest, deer management, and habitat conservation. In 2013, approximately 9,500 properties and 24 million acres were participating in the MLD program. However; the substantial growth in the program during the last 18 years, the accretion of changes to program rules over time, and requests for modernization by staff and program participants has prompted the department to explore options to simplify the program and create new administrative efficiencies.

Work Session Item No. 9
Exhibit A

MANAGED LANDS DEER PROGRAMS (MLDP)
PROPOSED REGULATIONS

         §65.29. Managed Lands Deer (MLD) Programs.

                 (a) Definitions. The following words and terms shall have the following meanings, unless the context clearly indicates otherwise. All other words and terms in this section shall have the meanings assigned in the Texas Parks and Wildlife Code.

                         (1) Landowner—Any person who has an ownership interest in a tract of land.

                         (2) MLDP—The Managed Lands Deer Program established by this subchapter, which consists of:

                                  (A) the Harvest Option set forth in subsection (c)(1) of this section; and

                                  (B) the Conservation Option set forth in subsection (c)(2) and (d) of this section.

                         (3) MLDP tag—A tag issued by the department to a participant in any option under this section.

                         (4) Program participant — A landowner or a landowner’s authorized agent who is enrolled in the MLDP.

                         (5) Resource management unit (RMU)—An area of the state designated by the department on the basis of shared characteristics such as soil types, vegetation types, precipitation, land use practices, and deer densities.

                          (6) Unbranched antlered deer—A buck deer having at least one antler with no more than one antler point.

                         (7) Wildlife Management Plan (WMP) — A written document on a form furnished or approved by the department that addresses habitat and population and management recommendations, associated data, and data collection methodologies.

                         (8) Wildlife Management Associations and Cooperatives—A group of landowners who have mutually agreed in writing to act collectively to improve wildlife habitat and populations on their tracts of land.

                 (b) General Provisions.

                         (1) A landowner and the landowner’s tract(s) of land are enrolled:

                                  (A) in the Harvest Option (HO) set forth in subsection (c)(1) of this section, when an application has been approved by the department; or

                                  (B) in the Conservation Option (CO) set forth in subsection (c)(2) or (d) of this section, when the department has approved:

                                          (i) an application; and

                                          (ii) the WMP required by subsection (c)(2) of this section.

                         (2) A landowner may appoint a person to act as the landowner’s authorized agent for purposes of program participation. The authorization must be on a form approved by the department.

                         (3) MLDP tags are issued to a program participant.

                         (4) If MLDP tags are issued under the provisions of subsection (c)(1)(B) or (c)(2)(H)(ii) of this section, the tags are valid on any tract of land within the aggregate acreage enrolled in the MLDP; otherwise, tags are valid only on the specific enrolled tract of land for which they are issued

                         (5) On an enrolled tract of land there is no personal or annual bag limit for the type of deer (buck, unbranched antlered, or antlerless) for which tags have been issued and the provisions of §65.42(b)(17) of this title (relating to Muzzleloader-only Open Season), and §65.42(b)(18) of this title (relating to Special Youth-Only Seasons) and the stamp requirement of Parks and Wildlife Code, Chapter 43, Subchapter I (relating to Archery Stamps), do not apply.

                          (6) A person who kills a deer on an enrolled tract of land must immediately tag the deer with a MLDP tag valid for the species (white-tailed deer or mule deer) and type of deer (buck, unbranched antlered, antlerless) harvested. A person who kills a deer and immediately takes the carcass to a location on the enrolled tract of land where a valid MLDP tag provided by the program participant is immediately attached shall be considered to have complied with the immediate tagging requirement. The MLDP tag shall remain attached to the carcass until the carcass reaches a final destination. Notwithstanding any other provision of this section, it is unlawful for any person to:

                                  (A) attach an unbranched antlered MLDP tag or antlerless MLDP tag to a buck deer having more than one point on both antlers;

                                  (B) tag an unbranched antlered deer with an antlerless MLDP tag;

                                  (C) tag an antlerless deer with any tag other than an antlerless MLDP tag;

                                  (D) use an MLDP tag or tag number more than once; or

                                  (E) use an MLDP tag on a tract of land other than the tract for which the tag was issued.

                         (7) A program participant shall maintain a legible daily harvest log.

                                 (A) For tracts of land enrolled under the provisions of subsection (c)(1)(B) or (c)(2)(H)(ii) of this section, the daily log must be maintained on the aggregate acreage enrolled in the MLDP; otherwise, the daily harvest log must be maintained on the specific enrolled tract for which tags are issued.

                                  (B) The daily harvest log shall be on a form provided or approved by the department and shall be maintained by the program participant until the last day of February.

                                  (C) A person who kills a deer that is required to be tagged under the provisions of this section must, on the same day that the deer is killed, legibly enter the required information in the daily harvest log.

                                  (D) The daily harvest log shall contain the following information for each deer killed on the enrolled tract of land:

                                          (i) the name and hunting license or driver’s license number of the person who killed the deer;

                                          (ii) the date the deer was killed;

                                          (iii) the species (white-tailed or mule deer) and type of deer killed (buck, unbranched antlered, or antlerless); and

                                          (iv) the tag number of the MLDP tag affixed to the deer.

                                  (E) The daily harvest log shall be made available to any department employee acting in the performance of official duties upon request.

                          (8) By not later than April 1 in each year of participation, a program participant shall report to the department, on a form provided or prescribed by the department:

                                  (A) the number of buck deer and/or antlerless deer harvested on each tract of land enrolled in the MLDP;

                                  (B) the habitat management practices implemented on each tract of land enrolled in the CO; and

                                  (C)  additional information as requested by the department.

                          (9) If an applicant does not wish to engage in program participation, the applicant must affirmatively decline program participation by September 15 via the department’s online web application.  On an enrolled tract of land for which a program participant has failed to timely decline participation as provided in this paragraph, the provisions of this section continue to apply to the harvest of deer until the last day in February of the year following application.

                          (10) On a tract of land for which an applicant has timely declined participation under the provisions of paragraph, the provisions of §65.42 of this title (relating to Deer) apply.

                          (11) A program participant who complies with the requirements of subparagraphs (7)(A)-(E) of this paragraph also satisfies the requirements of Parks and Wildlife Code, §62.029, (relating to Records of Game in Cold Storage or Procession Facility), with respect to deer, provided the daily harvest log maintained on the tract of land:

                                  (A) contains the address and hunting license number of each person who harvested a deer; and

                                  (B) is retained at the cold storage/processing facility for a period of at least one year following the date of the last entry.

                 (c) MLDP — White-tailed Deer. The provisions of this subsection shall govern the authorization and conduct of MLDP participation with respect to white-tailed deer.

                         (1) Harvest Option (HO).

                                  (A) Any landowner or authorized agent may apply to enroll a tract of land in the HO by submitting an application to the department by no later than September 1 of each year on a form provided by the department.

                                  (B) Multiple landowners may combine contiguous tracts of land to create an aggregate acreage for program enrollment.

                                          (i) Landowners participating in the MLDP under the provisions of this subparagraph must designate a single program participant to receive all MLDP tags for the aggregate acreage.

                                          (ii) MLDP tags issued under the provisions of this paragraph may be utilized on any tract of land within the aggregate acreage enrolled in the MLDP.

                                  (C) The department shall specify a harvest quota establishing the maximum number of buck, unbranched antlered, or antlerless deer to be harvested on each tract of land or aggregate acreage enrolled in the HO. The harvest quota shall be based on:

                                          (i) department-derived survey data for the RMU in which the tract of land is located;

                                          (ii) the size of the tract of land enrolled in MLDP;

                                          (iii) the types of habitat and the amounts of each type of habitat on the tract of land enrolled in the MLDP; and

                                          (iv) any other information deemed relevant by the department.

                                  (D) On a tract of land enrolled under this subsection:

                                          (i) MLDP tags for antlerless deer and unbranched antlered deer are valid from the Saturday closest to September 30 until the last day of February, during which time antlerless deer and unbranched antlered deer may be taken by any lawful means; and

                                          (ii) MLDP tags for buck deer are valid:

                                                   (I) from the Saturday closest to September 30 for 35 consecutive days during which time buck deer may be taken only by means of lawful archery equipment; and

                                                   (II) from the first Saturday in November until the last day of February, during which time buck deer may be taken by any lawful means.

                                  (E) If a program participant under this paragraph elects to receive a tag issuance for only one type of deer (buck or antlerless), the provisions of §65.42 of this title (relating to Deer) apply to the harvest of the other type of deer on the enrolled tract of land.

                         (2) Conservation Option (CO).

                                  (A) Any landowner or authorized agent may apply to enroll a tract of land in the CO by applying for acceptance by no later than June 15 on a form provided or prescribed by the department.

                                  (B) A department-approved WMP is required for program participation under this paragraph. The WMP must contain, at a minimum:

                                          (i) acreage and habitat information requested by the department;

                                          (ii) deer population and harvest data for each of the two years immediately preceding the year in which initial program participation is sought;

                                          (iii) evidence satisfactory to the department that the applicant has implemented at least two department-approved habitat management practices during each of the two years immediately preceding application; and

                                          (iv) acknowledgement that site visits by the department to assess habitat management practices on the tract of land may be conducted at the request of any department employee.

                                  (C) A WMP is not valid unless it has been signed by a Wildlife Division employee assigned to evaluate wildlife management plans.

                                  (D) To be eligible for continued program participation, a program participant must implement three habitat management practices specified in a department-approved WMP during each year of program participation.

                                  (E) On a tract of land enrolled under this subsection:

                                          (i) the department will specify a harvest quota of buck and/or antlerless deer, based on the unique characteristics of the tract of land and the deer population; and

                                          (ii) MLDP tags are valid from the Saturday closest to September 30 until the last day of February, during which time deer may be taken by any lawful means.

                                  (F) The department may authorize additional harvest on any tract of land enrolled in the CO, provided the program participant furnishes survey or population data that in the opinion of the department justifies the additional harvest.

                                  (G) In the event that unforeseeable developments such as floods, droughts, or other natural disasters make the attainment of recommended habitat management practices impractical or impossible, the department may, on a case-by-case basis, waive or defer the habitat management requirements of this section.

                                  (H) Special Provisions.

                                          (i) Wildlife Management Associations and Cooperatives.

                                                   (I) The department may enroll a wildlife management association or cooperative in the CO under the provisions of this subsection, provided:

                                                           (-a-) the application contains the name, address, and express consent of the landowner of each tract of land for which enrollment is sought; and

                                                           (-b-) a single WMP that addresses all tracts of land within the wildlife management association or cooperative is submitted and approved by the department.

                                                   (II) A wildlife management association or cooperative may choose to receive antlerless-only or either-sex tag issuance.

                                                   (III) The department shall issue MLDP tags to the individual landowners within a wildlife management association or cooperative and the tags are valid only on the tract of land for which they are issued.

                                          (ii) Other Aggregate Acreages. Multiple landowners may combine contiguous tracts of land to create an aggregate acreage for program enrollment, provided:

                                                   (I) the application contains the name, address, and express consent of the landowner of each tract of land for which enrollment is sought;

                                                   (II) a single WMP that addresses all tracts of land within the aggregate acreage is submitted and approved by the department; and

                                                   (III) the landowners designate a single program participant to receive MLDP tags for all of the aggregate acreage.

                                  (I) Program eligibility under this subsection is specifically restricted to tracts of land in counties for which an open season for white-tailed deer is provided under §65.42 of this title.

                 (d) MLDP — Mule Deer. The provisions of subsection (c)(2)(A)-(I) of this section also shall govern the authorization and conduct of program participation with respect to mule deer, except:

                         (1) the harvest of mule deer shall occur only between the Saturday closest to September 30 and the last Sunday of January, as follows:

                                  (A) from the Saturday closest to September 30 for 35 consecutive days, the lawful means of harvest is restricted to lawful archery equipment; and

                                  (B) from the first Saturday in November through the last Sunday in January, any lawful means may be used to harvest deer; and

                         (2) program eligibility is specifically restricted to tracts of land in counties for which an open season for mule deer is provided under §65.42 of this title (relating to Deer).

                 (e) Refusal of Enrollment.

                         (1) The department may refuse to allow or continue enrollment in the MLDP for any applicant who:

                                   (A) as of a reporting deadline has failed to report to the department any information required to be reported under the provisions of this section;

                                  (B) has exceeded the total harvest recommendation established for an enrolled tract of land; or

                                  (C) has failed to implement three habitat management practices specified in a department-approved WMP during each year of program participation, if the tract of land is enrolled in the CO.

                         (2) The department may prohibit any person from participating in the MLDP if the person has a final conviction or has been assessed an administrative penalty for a violation of:

                                  (A) Parks and Wildlife Code, Chapter 43, Subchapter C, E, L, R, or R-1;

                                  (B) a provision of the Parks and Wildlife Code that is not described by subparagraph (A) of this paragraph that is punishable as a Parks and Wildlife Code:

                                          (i) Class A or B misdemeanor;

                                          (ii) state jail felony; or

                                          (iii) felony;

                                  (C) Parks and Wildlife Code, §63.002; or

                                  (D) the Lacey Act (16 U.S.C. §§3371-3378).

                         (3) The department may refuse to allow or continue enrollment in the MLDP to any person the department has evidence is acting on behalf of or as a surrogate for another person who is prohibited by the provisions of this section from participation in the MLDP.

                 (g) Special Provisions.

                         (1) On September 1, 2016:

                                  (A) the provisions of this section take effect;

                                 (B) the annual bag limit established under §65.42 of this title (relating to Deer) does not apply to deer lawfully taken and tagged under the provisions of this section;

                                  (C) the tagging requirements of Parks and Wildlife Code, §42.108, do not apply to deer lawfully taken under the provisions of this section;

                                  (D) completion of the harvest log required under §65.7 of this title (relating to Harvest Log) is not required for deer lawfully tagged under the provisions of this section; and

                                  (E)  the provisions of §65.10 of this title (relating to Possession of Wildlife Resources apply to deer lawfully taken under this section.

                         (2) To the extent that any provision of this subchapter conflicts with the provisions of this section, the provisions of this section prevail.

                         (3) In the event that the department’s web-based application is unavailable or inoperable, the department may specify manual procedures for compliance with the requirements of this section.

Work Session Item No. 15
Presenter: Ann Bright

Work Session
Oyster Lease Legal Issues
May 20, 2015

I.          Executive Summary: Texas Parks and Wildlife Department (TPWD) legal staff will discuss and provide legal advice to the Commission regarding legal issues associated with private oyster leases (certificates of location) and issues associated with ownership and/or control of submerged lands in the Gulf of Mexico.

II.     Discussion: Issues have recently arisen regarding the authority of TPWD regarding certain submerged land in the Gulf of Mexico. Attorneys for TPWD will brief, advise and discuss the legal implications with the Commission in executive (closed) session as authorized by the Open Meetings Act (Tex. Gov’t Code §551.071) to consult with TPWD legal staff.

Work Session Item No. 17
Presenter: Ted Hollingsworth

Work Session
East Texas Wildlife Management Areas
Conservation and Public Use Strategy
May 20, 2015

I.                   Executive Summary: Staff will brief the Texas Parks and Wildlife Commission on a review of Wildlife Management Areas (WMAs) in central east Texas, including an evaluation of options that maximize conservation and increase public access.
II.                Discussion: The rivers, sloughs, bottomlands, dense forests and savannas of central east Texas are home to several WMAs, including Richland Creek (13,887 acres), Gus Engeling (10,960 acres), Big Lake Bottom (4,540 acres), Alazan Bayou (2,546 acres), Keechi Creek (1,500 acres), and Alabama Creek (14,500 acres).

Staff will outline options for WMAs in the context of overall goals for the central east Texas WMA system.

Work Session Item No. 17
Exhibit A

Vicinity Map of Central East Texas Wildlife Management Areas