TPWD: March 24, 2016 Commission Meeting Agenda

March 23-24, 2016, Commission Meeting Agenda

Work Session

Work Session

Commission Agenda Items

Commission Agenda Item No. 3
Presenter: Ken Kurzawski
Jeremy Leitz

Action
2016-2017 Statewide Recreational and Commercial Fishing Proclamation
Recommended Adoption of Proposed Rules
March 24, 2016

I. Executive Summary: This item seeks adoption of proposed changes to the Statewide Recreational and Commercial Fishing Proclamations. The proposed amendments would:

Inland Fisheries

Modify harvest regulations for largemouth bass on Lake Naconiche (Nacogdoches County);
Modify harvest regulations for smallmouth bass on Lake Meredith (Hutchinson, Moore, and Potter counties);
Modify harvest regulations for channel and blue catfish bass on Lake Tawakoni (Hunt; Raines, and Van Zandt counties)
Modify harvest regulations for largemouth bass on the Sabine River in Newton and Orange counties;
Modify harvest regulations for largemouth bass in Chambers, Galveston, Jefferson, and Orange counties; and

Coastal Fisheries

Clarify maximum size limits for black drum;
Implement legislative changes regarding shark possession;
Alter minimum length limits for amberjack.

All Waters

Clarify pole-and-line restrictions.

II. Discussion: Responsibility for establishing seasons, bag limits, and means and methods for taking fisheries resources for recreational purposes is delegated to the Texas Parks and Wildlife Commission under Parks and Wildlife Code, Chapters 61 and 67. Statutory authority to regulate commercial fisheries is delegated to the Commission under Parks and Wildlife Code, Chapters 47 and 66. The proposed rules are based upon suggestions from the public, 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.

At the Work Session meeting on January 20, 2016, staff was authorized to publish the proposed rules in the Texas Register for public comment. The proposed rules appeared in the February 19, 2016 issue of the Texas Register (41 TexReg 1200). A summary of public comment on the proposed rules will be presented at the time of the hearing.

III. Recommendation: Staff recommends that the Commission adopt the proposed motion:

“The Texas Parks and Wildlife Commission adopts §§57.972, 57.973, and 57.981, concerning the Statewide Recreational and Commercial Fishing Proclamations, with changes as necessary to the proposed text as published in the February 19, 2016, issue of the Texas Register (41 TexReg 1200).”

Attachments – 1

Exhibit A – Proposed Fishing Rules

Commission Agenda Item No. 3
Exhibit A

STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION

PROPOSAL PREAMBLE

1. Introduction.

The Texas Parks and Wildlife Department proposes amendments to §§57.972, 57.973, and §57.981, concerning the Statewide Recreational and Commercial Fishing Proclamations.

The proposed amendment to §57.972, concerning General Rules, would implement the provisions of House Bill (H.B.) 1579, enacted by the 84th Texas Legislature (2015), which amended Parks and Wildlife Code, §66.216, to provide that no person may possess a finfish of any species taken from coastal water, except broadbill swordfish, shark, or king mackerel, that has the head removed unless the fish has been finally processed and delivered to the final destination or to a certified wholesale or retail dealer; and that no person may possess a finfish of any species taken from coastal water, except broadbill swordfish or king mackerel, that has the tail removed unless the fish has been finally processed and delivered to the final destination or to a certified wholesale or retail dealer.

The proposed amendment to §57.973, concerning Devices, Means, and Methods, would clarify regulations governing gear restrictions on pole-and-line. The department has received several comments to the effect that the current wording of paragraph (13)(A) is confusing and does not make it clear that “snagging” and “jerking” are unlawful acts included in the provision. The proposed amendment would make that clear.

The proposed amendment to §57.981, concerning Bag, Possession, and Length Limits, would consist of several components.

The proposed amendment to §57.981 would alter harvest regulations for smallmouth bass on Lake Meredith in Hutchinson, Moore, and Potter counties, replacing the current 12-15 inch slot length limit and three-fish daily bag to the statewide standard (14-inch minimum length limit and a daily bag limit of five fish). Lake Meredith contained a smallmouth bass population until approximately 2011, when golden alga blooms extirpated the population in the reservoir. Drought has also had an impact as the reservoir was below 1% capacity from 2011 to 2014. Restocking of smallmouth bass is being evaluated, and the 14-inch limit would be an appropriate regulation for managing a newly stocked population.

The proposed amendment to §57.981 also would eliminate the current statewide standard regulation for saugeye and merge saugeye with the current statewide standard regulation for walleye. The current harvest regulations for saugeye (18-inch minimum and three-fish daily bag limit) would be replaced with no minimum length limit and a five-fish daily bag limit of which no more than two fish less than 16 inches could be lawfully. The saugeye is a hybrid between walleye and sauger, stocked to prey on stunted crappie populations and provide another fishing opportunity for anglers. Stockings were not successful in achieving those goals, and the saugeye stocking program has been discontinued. Existing saugeye populations will likely be gone within the next 5-10 years. A separate regulation is not needed since saugeye will no longer be stocked.

The proposed amendment to §57.981 also would alter harvest regulations for largemouth bass on Lake Naconiche in Nacogdoches County. Current harvest regulations consist of an 18-inch minimum length limit and a five-fish daily bag limit. The proposed amendment would impose a 16-inch maximum length limit and five-fish daily bag, with only one fish 24 inches or greater lawful for live retention for immediate weighing using personal scales. Bass weighing 13 pounds or more may be donated to the ShareLunker Program; otherwise, fish must be immediately released. Lake Naconiche was opened in 2012 with an 18-inch minimum length limit. The bass population is still developing and has trophy potential. Establishing a maximum length limit of 16 inches could increase numbers of trophy-sized bass in the population by providing protection to large bass currently vulnerable to harvest (larger than 18 inches). A maximum length limit that allows retention of only ShareLunker bass (13 pounds or larger) could increase contributions to the ShareLunker program. Allowing harvest of bass less than 16 inches could decrease intraspecific competition and increase growth rates.

The proposed amendment to §57.981 also would alter harvest regulations for largemouth bass in Chambers, Galveston, Jefferson, Newton, and Orange counties. The current harvest regulations in these counties consist of a 14-inch minimum length limit and a five-fish daily bag limit. The proposed amendment would impose a 12-inch minimum length limit (the five-fish daily bag would be retained). Additionally, regulations would be changed on the Sabine River from the Toledo Bend dam to a line across Sabine Pass between Texas Point and Louisiana Point and in Chambers, Galveston, Jefferson, and Orange counties, including any waters that form boundaries with adjacent counties. There has been increased local interest in bass fishing and tournament angling in this area of Southeast Texas. Numerous professional and high school/college bass tournaments have occurred. Anglers have noted catching numerous bass over 12 inches but less than 14 inches. The department has agreed to investigate bass populations in that area and has determined that populations are abundant but slow-growing, with few fish exceeding 14 inches. These population characteristics mirror those in coastal bass populations along the Gulf. The proposed amendment would have minimal impact to the population but would allow anglers the option of weighing in 12- and 13-inch bass in catch-and-release tournaments.

The proposed amendment to §57.981 also would affect harvest regulations for channel and blue catfish on Lake Tawakoni in Hunt, Raines, and Van Zandt counties. The current harvest regulations consist of a 14-inch minimum length limit and a 25-fish daily bag limit. The proposed amendment would eliminate the minimum length limit and retain the 25-fish bag limit, but as part of the 25-fish bag, anglers would be allowed to retain only seven fish 20 inches or greater in length, and of these seven fish, only two could be 30 inches or greater. The blue catfish fishery in Tawakoni was the result of a stocking in 1989 of 366,675 blue catfish fingerlings. The harvest of large fish concerned some anglers and those anglers have expressed a desire for reduced harvest of catfish larger than 30 inches. Staff question whether the trophy fishery can be sustained at its current level into the future. Special sampling was started in 2013 to assess the blue catfish fishery. An angler survey was conducted and most anglers were satisfied with current limits but respondents did support reducing harvest of large blue catfish. Population modeling was done to assess potential impacts on 20- to 30-inch fish under various regulation scenarios. The proposed regulation was selected to best address concerns about over-harvest of large blue catfish, redirect some of the harvest, and have the potential to increase the catch of blue catfish greater than 30 inches. Blue catfish are the focus of the proposed regulation; channel catfish will be minimally impacted.

The proposed amendment to §57.981 also would correct the maximum length limit stated for black drum. Last year, the department eliminated an awkward tabular format for establishing bag, possession, and length limits. In the process, the 30-inch maximum length limit for black drum was inadvertently eliminated. The proposed amendment would correct that oversight.

The proposed amendment to §57.981 also would increase the recreational minimum length limit for amberjack to reflect recent federal actions regarding that species. The proposed amendment increases the recreational minimum size limit for amberjack from 34 inches to 38 inches (total length). The National Marine Fisheries Service (NMFS) recently issued regulations to implement management measures in the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico, one of which was to increase the recreational minimum size limit for amberjack. The change is intended to provide an opportunity for a greater number of sexually mature greater amberjack to spawn, which could assist in efforts to end overfishing and rebuild stock. The department has determined that the federal action is consistent with sound fisheries management principles and that making the state regulation identical to the federal regulation will help achieve management goals, be beneficial to the resource, and prevent angler confusion.

2. Fiscal Note.

Ken Kurzawski, Program Director, Inland Fisheries Division, has determined that for each of the first five years that the rules as proposed are in effect, there will be no fiscal implications to state or local governments as a result of administering or enforcing the rules.

3. Public Benefit/Cost Note.

Mr. Kurzawski also has determined that for each of the first five years that the rules as proposed are in effect:

(A) The public benefit anticipated as a result of enforcing or administering the proposed rules will be the dispensation of the agency’s statutory duty to protect and conserve the fisheries resources of this state, the duty to equitably distribute opportunity for the enjoyment of those resources among the citizens, and the execution of the commission’s policy to maximize recreational opportunity within the precepts of sound biological management practices.

There will be no adverse economic effect on persons required to comply with the rules as proposed.

(B) Under the provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses and micro-businesses. As required by Government Code, §2006.002(g), the Office of the Attorney General has prepared guidelines to assist state agencies in determining a proposed rule’s potential adverse economic impact on small businesses. Those guidelines state that an agency need only consider a proposed rule’s “direct adverse economic impacts” to small businesses and micro-businesses to determine if any further analysis is required. For that purpose, the department considers “direct economic impact “to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services.

The department has determined that the rules will not directly affect small businesses and/or micro-businesses. Therefore, the department has not prepared the economic impact statement or regulatory flexibility analysis described in Government Code, Chapter 2006.

(C) The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rules as proposed will not impact local economies.

(D) The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rules.

(E) The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rules.

4. Request for Public Comment.

Comments on the proposal may be submitted to Ken Kurzawski (Inland Fisheries) at (512) 389-4591, e-mail: ken.kurzawski@tpwd.texas.gov; Jeremy Leitz (Coastal Fisheries) at (512) 389-4333, e-mail: jeremy.leitz@tpwd.texas.gov; or Brandi Reeder (Law Enforcement) at (512) 389-4853, e-mail brandi.reeder@tpwd.texas.gov. Comments also may be submitted via the department’s website at http://www.tpwd.texas.gov/business/feedback/public_comment/.

5. Statutory Authority.

The amendments are proposed under the authority of Parks and Wildlife Code, §47.004 and §47.005, which authorize the commission to adopt rules governing the issuance and use of resident and nonresident fishing guide licenses; Chapter 61, which requires the commission to regulate the periods of time when it is lawful to hunt, take, or possess aquatic animal life in this state; the means, methods, and places in which it is lawful to take, or possess aquatic animal life in this state; the species, quantity, age or size, and, to the extent possible, the sex of the aquatic animal life authorized to be taken or possessed; and the region, county, area, body of water, or portion of a county where aquatic animal life may be taken or possessed; and §67.004, which requires the commission to establish any limits on the taking, possession, propagation, transportation, importation, exportation, sale, or offering for sale of nongame fish or wildlife that the department considers necessary to manage the species.

The proposed amendments affect Parks and Wildlife Code, Chapters 47, 61, and 67.

6. Rule Text.

§57.972. General Rules.

(a) – (f) (No change.)

(g) It is unlawful:

(1) – (5) (No change.)

(6) for any person to:

(A) possess a finfish of any species, except broadbill swordfish, shark or king mackerel, taken from public water (salt water or fresh water) that has the head [~~or tail~~] removed unless the fish has been:

(i) finally processed and delivered to a final destination or to a certified wholesale or retail dealer; or

(ii) has been finally landed[~~until such person finally lands the catch~~] on the mainland, a peninsula, or barrier island not including jetties or piers and is not transported afterwards[~~does not transport the catch~~] by boat; or

(B) possess a finfish of any species taken from coastal water, except broadbill swordfish or king mackerel, that has the tail removed unless the fish has been:

(i) finally processed and delivered to a final destination or to a certified wholesale or retail dealer; or

(ii) has been finally landed on the mainland, a peninsula, or barrier island not including jetties or piers and is not transported afterwards by boat.

(7) – (13) (No change.)

(h) – (i) (No change.)

§57.973. Devices, Means, and Methods.

(a) – (f) (No change.)

(g) Device restrictions. Devices legally used for taking fresh or saltwater fish or shrimp may be used to take crab as authorized by this subchapter.

(1) – (12) (No change.)

(13) Pole and line.

(A) Game and non-game fish may be taken by pole and line. It is unlawful to use a pole and line to take or attempt to take fish by foul-hooking, snagging, or jerking[~~with one or more hooks attached to a line or artificial lure used in a manner to foul-hook a fish (snagging or jerking)~~]. A fish is foul-hooked when caught by a hook in an area other than the fish’s mouth.

(B) – (C) (No change.)

(14) – (23) (No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency’s authority to adopt.

Issued in Austin, Texas, on

The amendment is proposed under the authority of Parks and Wildlife Code, Chapter 61, which requires the commission to regulate the periods of time when it is lawful to take or possess aquatic animal life in this state; the means, methods, and places in which it is lawful to take or possess aquatic animal life in this state; the species, quantity, age or size, and, to the extent possible, the sex of the aquatic animal life authorized to be taken or possessed; and the region, county, area, body of water, or portion of a county where aquatic animal life may be taken or possessed.

The proposed amendment affects Parks and Wildlife Code, Chapter 61.

§57.981. Bag, Possession, and Length Limits.

(a) – (b) (No change.)

(1) – (4) (No change.)

(5) Except as provided in subsection (d) of this section, the statewide daily bag and length limits shall be as follows.

(A) Amberjack, greater.

(i) Daily bag limit: 1.

(ii) Minimum length limit: 38[34] inches.

(iii) Maximum length limit: No limit.

(B) – (E) (No change.)

(F) Drum, black.

(i) – (ii) (No change.)

(iii) Maximum length limit: 30 inches[~~No maximum length limit~~].

(iv) (No change.)

(G) – (N) (No change.)

[~~(O) Saugeye.~~]

[~~(i) Daily bag limit: 3.~~]

[~~(ii) Minimum length limit: 18 inches.~~]

[~~(iii) No maximum length limit.~~]

(O)[~~(P)~~] Seatrout, spotted.

(i) Daily bag limit:

(I) for all waters south of F.M. 457 in Matagorda County: 5;

(II) for all waters north of F.M. 457 in Matagorda County: 10.

(ii) Minimum length limit: 15 inches.

(iii) Maximum length limit: 25 inches.

(iv) Only one spotted seatrout greater than 25 inches may be retained per day. A spotted seatrout retained under this subclause counts as part of the daily bag and possession limit.

(P)[~~(Q)~~] Shark: all species (including hybrids and subspecies).

(i) all species other than Atlantic sharpnose, blacktip, and bonnethead and the species listed in item (ii)(IV) of this subparagraph:

(I) Daily bag limit: 1.

(II) Minimum length limit: 64 inches.

(III) No maximum length limit.

(ii) Atlantic sharpnose, blacktip, and bonnethead:

(I) Daily bag limit: 1.

(II) Minimum length limit: 24 inches.

(III) No maximum length limit.

(IV) The take of the following species of sharks from the waters of this state is prohibited and they may not be possessed on board a vessel at any time:

(-a-) Atlantic angel;

(-b-) Basking;

(-c-) Bigeye sand tiger;

(-d-) Bigeye sixgill;

(-e-) Bigeye thresher;

(-f-) Bignose;

(-g-) Caribbean reef;

(-h-) Caribbean sharpnose;

(-i-) Dusky;

(-j-) Galapagos;

(-k-) Longfin mako;

(-l-) Narrowtooth;

(-m-) Night;

(-n-) Sandbar;

(-o-) Sand tiger;

(-p-) Sevengill;

(-q-) Silky;

(-r-) Sixgill;

(-s-) Smalltail;

(-t-) Whale; and

(-u-) White.

(Q)[~~(R)~~] Sheepshead.

(i) Daily bag limit: 5.

(ii) Minimum length limit: 15 inches.

(iii) No maximum length limit.

(R)[~~(S)~~] Snapper.

(i) Lane.

(I) Daily bag limit: None.

(II) Minimum length limit: 8 inches.

(III) No maximum length limit.

(ii) Red.

(I) Daily bag limit: 4.

(II) Minimum length limit: 15 inches.

(III) No maximum length limit.

(IV) Red snapper may be taken using pole and line, but it is unlawful to use any kind of hook other than a circle hook baited with natural bait.

(iii) Vermilion.

(I) Daily bag limit: None.

(II) Minimum length limit: 10 inches.

(III) No maximum length limit.

(S)[~~(T)~~] Snook.

(i) Daily bag limit: 1.

(ii) Minimum length limit: 24 inches.

(iii) Maximum length limit: 28 inches.

(T)[~~(U)~~] Tarpon.

(i) Daily bag limit: 1.

(ii) Minimum length limit: 85 inches.

(iii) No maximum length limit.

(U)[~~(V)~~] Triggerfish, gray.

(i) Daily bag limit: 20.

(ii) Minimum length limit: 16 inches.

(iii) No maximum length limit.

(V)[~~(W)~~] Tripletail.

(i) Daily bag limit: 3.

(ii) Minimum length limit: 17 inches.

(iii) No maximum length limit.

(W)[~~(X)~~] Trout (rainbow and brown trout, including their hybrids and subspecies).

(i) Daily bag limit: 5 (in any combination).

(ii) No minimum length limit.

(iii) No maximum length limit.

(X)[~~(Y)~~] Walleye and Saugeye.

(i) Daily bag limit: 5.

(ii) No minimum length limit.

(iii) No maximum length limit.

(iv) Two walleye or saugeye of less than 16 inches may be retained per day.

(d) Exceptions to statewide daily bag, possession, and length limits shall be as follows:

(1) Freshwater species.

(A) Bass: largemouth, smallmouth, spotted, and Guadalupe (including their hybrids and subspecies). In all waters in the Lost Maples State Natural Area (Bandera County):

(i) Daily bag limit: 0.

(ii) No minimum length limit.

(iii) All angling is limited to catch and release only.

(B) Bass: largemouth and spotted.

(i) – (ii) (No change.)

(iii) [~~Sabine River (Newton and Orange counties) from Toledo Bend dam to the I.H. 10 bridge and~~] Toledo Bend Reservoir (Newton, Sabine, and Shelby counties).

(I) – (II) (No change.)

(iv) Sabine River (Newton and Orange counties) from Toledo Bend dam to a line across Sabine Pass between Texas Point and Louisiana Point.

(I) Daily bag limit: 8 (in any combination with spotted bass).

(II) Minimum length limit: 12 inches (largemouth bass); no limit for spotted bass. Possession limit is 10.

(i) Chambers, Galveston, Jefferson, and Orange counties including any public waters that form boundaries with adjacent counties.

(I) Daily bag limit: 5.

(II) Minimum length limit: 12 inches.

(ii)[~~(i)~~] Conroe (Montgomery and Walker counties), Granbury (Hood County), Possum Kingdom (Palo Pinto, Stephens, and Young counties), and Ratcliff (Houston County).

(I) Daily bag limit: 5.

(II) Minimum length limit: 16 inches.

(iii)[~~(ii)~~] Lakes Kurth (Angelina County), [~~and~~] Nacogdoches (Nacogdoches County), and Naconiche (Nacogdoches County).

(I) Daily bag limit: 5.

(II) Minimum length limit: It is unlawful to retain largemouth bass of 16 inches or greater in length. Largemouth bass 24 inches or greater in length may be retained in a live well or other aerated holding device for purposes of weighing but may not be removed from the immediate vicinity of the lake. After weighing the bass must be released immediately back into the lake unless the department has instructed that the bass be kept for donation to the ShareLunker Program.

(iv)[~~(iii)~~] Lakes Bellwood (Smith County), Bright (Williamson County), Brushy Creek (Williamson County), Bryan (Brazos County), Casa Blanca (Webb County), Cleburne State Park (Johnson County), Cooper (Delta and Hopkins counties), Fairfield (Freestone County), Gilmer (Upshur County), Marine Creek Reservoir (Tarrant County), Meridian State Park (Bosque County), [~~Naconiche (Nacogdoches County),~~] Old Mount Pleasant City (Titus County), Pflugerville (Travis County), Rusk State Park (Cherokee County), and Welsh (Titus County).

(I) Daily bag limit: 5.

(II) Minimum length limit: 18 inches.

(v)[~~(iv)~~] Buck Lake (Kimble County), Lake Kyle (Hays County), and Nelson Park Lake (Taylor County).

(I) Daily bag limit: 0.

(II) Minimum length limit: No limit.

(III) Catch and release only.

(vi)[~~(v)~~] Lake Jacksonville (Cherokee County) and O.H. Ivie Reservoir (Coleman, Concho, and Runnels counties).

(I) Daily bag limit: 5.

(II) Minimum length limit: No limit.

(III) It is unlawful to retain more than two bass of less than 18 inches in length.

(vii)[~~(vi)~~] Purtis Creek State Park Lake (Henderson and Van Zandt counties) and Raven (Walker County).

(I) Daily bag limit: 0.

(II) Minimum length limit: No limit.

(III) Catch and release only, except that any bass 24inches or greater in length may be retained in a live well or other aerated holding device for purposes of weighing but may not be removed from the immediate vicinity of the lake. After weighing the bass must be released immediately back into the lake unless the department has instructed that the bass be kept for donation to the ShareLunker Program.

(viii)[~~(vii)~~] Lakes Bridgeport (Jack and Wise counties), Burke-Crenshaw (Harris County), Davy Crockett (Fannin County), Georgetown (Williamson County), Grapevine (Denton and Tarrant counties), Madisonville (Madison County), Nasworthy (Tom Green), San Augustine City (San Augustine County), and Sweetwater (Nolan County).

(I) Daily bag limit: 5.

(II) Minimum length limit: 14 — 18 inch slot limit.

(III) It is unlawful to retain largemouth bass between 14 and 18 inches in length.

(ix)[~~(viii)~~] Lakes Athens (Henderson County), Bastrop (Bastrop County), Buescher State Park (Bastrop County), Houston County (Houston County), Joe Pool (Dallas, Ellis, and Tarrant counties), Lady Bird (Travis County), Mill Creek (Van Zandt County), Murvaul (Panola County), Pinkston (Shelby County), Timpson (Shelby County), Walter E. Long (Travis County), and Wheeler Branch (Somervell County).

(I) Daily bag limit: 5.

(II) Minimum length limit: 14 — 21 inch slot limit.

(III) It is unlawful to retain largemouth bassbetween 14 and 21 inches in length. No more than 1 bass 21 inches or greater in length may be retained each day.

(x)[~~(ix)~~] Lakes Fayette County (Fayette County), Gibbons Creek Reservoir (Grimes County), and Monticello (Titus County).

(I) Daily bag limit: 5.

(II) Minimum length limit: 14 — 24 inch slot limit.

(III) It is unlawful to retain largemouth bass between 14 and 24 inches in length. No more than 1 bass 24 inches or greater in length may be retained each day.

(xi)[~~(x)~~] Lake Fork (Wood Rains and Hopkins counties).

(I) Daily bag limit: 5.

(II) Minimum length limit: 16 — 24 inch slot limit.

(III) It is unlawful to retain largemouth bass between 16 and 24 inches in length. No more than 1 bass 24 inches or greater in length may be retained each day.

(D) Bass: smallmouth.

(i) Devil’s River (Val Verde County) from State Highway 163 bridge crossing near Juno downstream to Dolan Falls.

(ii)[~~(I)~~] Daily bag limit: 3.

(iii)[~~(II)~~] Minimum length limit: 18 inches.

[~~(ii) Lake Meredith (Hutchinson, Moore, and Potter counties).~~]

[~~(I) Daily bag limit: 3.~~]

[~~(II) Minimum length limit: 12 — 15 inch slot limit~~]

[~~(III) It is unlawful to retain smallmouth bass between 12 and 15 inches in length.~~]

(E) – (H) (No change.)

(I) Catfish: channel and blue catfish, their hybrids and subspecies.

(i) — (ix) (No change.)

(x) Lake Tawakoni (Hunt, Rains, and Van Zandt counties).

(I) Daily bag limit: 25 (in any combination).

(II) Minimum length limit: No limit.

(III) No more than seven blue or channel catfish 20 inches or greater may be retained each day, and of these, no more than two can be 30 inches or greater in length.

(J) – (Q) (No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency’s authority to adopt.

Issued in Austin, Texas, on