Work Session

Wednesday, March 22, 2017
9:00 a.m.

Texas Parks and Wildlife Department
Commission Hearing Room
4200 Smith School Road, Austin, TX  78744

T. Dan Friedkin, Commission Chair
Carter Smith, Executive Director

Approval of the Previous Minutes from the Work Session held January 25, 2017

    Land and Water Plan

  1. Update on TPWD Progress in Implementing the TPWD Land and Water Resources Conservation and Recreation Plan - Carter Smith
    • Internal Affairs Update
    • Update on Implementation of New Managed Land Deer Permit Rules
    • ShareLunker News
    • TPWD – First State Agency to Receive Platinum Status
    • New Texas River License Plate
    • Aerial Wildlife Management Rules Adjustment
    • Release the Kraken – Artificial Reef Project
    • Staff Recognition – Park Police Officer Scott Green
  2. Legislative Update – Carter Smith
  3. Financial

  4. Financial Overview – Mike Jensen
  5. Internal Audit Update – Cindy Hancock
  6. Regulations Rule Review – Recommended Adoption of Proposed Changes and Completed Rule Review - Ann Bright (Action Item No. 1)
    • Chapter 53 — Finance
    • Chapter 57 – Fisheries
    • Chapter 58 – Oysters and Shrimp
    • Chapter 59 — Parks
    • Chapter 65 – Wildlife
    • Chapter 69 – Resource Protection
  7. Natural Resources

  8. Disease Detection and Response Rules – Request Permission to Publish Proposed Changes to the Texas Register – Mitch Lockwood
    1. Chronic Wasting Disease (CWD) Zone Rules
    2. Chronic Wasting Disease – Movement of Deer
  9. 2017-2018 Statewide Recreational and Commercial Fishing Proclamation – Recommended Adoption of Proposed Rules - Ken Kurzawski, Mark Lingo, Brandi Reeder (Action Item No. 2)
  10. 2017-2018 Statewide Hunting Proclamation – Recommended Adoption of Proposed Rules – Shawn Gray, Dave Morrison, Ellis Powell (Action Item No. 3)
  11. Public Lands Proclamation – Request Permission to Publish Proposed Changes in the Texas Register – Justin Dreibelbis
  12. Alligator Farming Rules – Request Permission to Publish Proposed Changes in the Texas Register – Mitch Lockwood
  13. Land Conservation

  14. Acquisition of Land – Aransas County – Approximately 1 Acre at Goose Island State Park – Trey Vick (Action Item No. 5)
  15. Exchange of Land – Bexar County – Approximately 56 Acres Government Canyon State Natural Area – Request Permission to begin the Public Notice and Input Process - Trey Vick
  16. Acquisition of Land – Matagorda County – Approximately 453 Acres at Perry R. Bass Marine Fisheries Research Station – Ted Hollingsworth (Action Item No. 6)
  17. Acceptance of Land Donations – Brazoria County – Additions to the Follets Island Coastal Preserve – Ted Hollingsworth (Action Item No. 7)
  18. Executive Session

  19. East Texas Wildlife Management Areas – Conservation and Public Use Strategy – Bob Sweeney and Ted Hollingsworth (Executive Session Only)
  20. Legal Issues Regarding Commission Meeting Policy and Procedures – Bob Sweeney (Executive Session Only)
  21. Update on Regulatory Litigation – Bob Sweeney (Executive Session Only)
    • Red Snapper
    • Oysters
    • Chronic Wasting Disease

Work Session Item No. 1
Presenter: Carter Smith

Work Session
TPWD Land and Water Resources Conservation and Recreation Plan
March 22, 2017

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
March 22, 2017

I.       Executive Summary: Executive Director Carter Smith will present a legislative update regarding the 85th Texas Legislature.

II.     Discussion: Executive Director Carter Smith will update the Commission regarding major legislative issues and initiatives impacting Texas Parks and Wildlife Department.


Work Session Item No. 3
Presenter: Mike Jensen

Work Session
Financial Overview
March 22, 2016

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

II.     Discussion: Staff will update the Texas Parks and Wildlife Commission on revenue collected by TPWD for Fiscal Year (FY) 2017 and will compare the FY 2017 budget to FY 2017 expenditures and summarize recent budget adjustments.


Work Session Item No. 4
Presenter: Cindy Hancock

Work Session
Internal Audit Update
March 22, 2017

I.       Executive Summary:  Staff will provide a status report on the Fiscal Year (FY)17 Internal Audit Plan and ongoing or completed external audits.

II.     Discussion:  Staff will present a status report on the FY17 Internal Audit Plan as well as external audits that have been completed or are ongoing.


Work Session Item No. 6
Presenter: Mitch Lockwood

Work Session
Disease Detection and Response Rules
Request Permission to Publish Proposed Changes to the Texas Register
March 22, 2017

I.          Executive Summary:  These items seek permission to publish proposed amendments to the Texas Parks and Wildlife Department rules governing Chronic Waste Disease (CWD) Zone Rules and Movement of Deer.  See Items 6A and 6B below.


Work Session Item No. 6A
Presenter: Mitch Lockwood

Disease Detection and Response Rules – Chronic Wasting Disease (CWD) Zone Rules
March 22, 2017

I.       Executive Summary:  This item seeks permission to publish proposed amendments to the Texas Parks and Wildlife Department’s (TPWD) rules governing Chronic Waste Disease (CWD) management efforts in the Texas Register. The proposed changes will address containment and surveillance measures in portions of Bandera, Medina, and Uvalde counties in the Edwards Plateau, and Moore, Randall, and Potter counties in the Panhandle.

II.     Discussion:  On August 25, 2016, the Texas Parks and Wildlife (TPW) Commission established a CWD Surveillance Zone (SZ) in portions of Bandera, Medina, and Uvalde counties as a result of CWD being confirmed in permitted deer breeding facilities in the area. A containment Zone (CZ) was not established in this area because the facilities where CWD was discovered are operating under Texas Animal Health Commission (TAHC) herd plans, which restrict deer movement and require CWD testing at a level equal to or greater than that required in a CZ. This particular SZ was exempted from mandatory sampling and carcass movement restrictions because local officials organized a volunteer hunter and landowner effort to submit samples. However, CWD subsequently has been detected in a free-ranging white-tailed deer within the current SZ, which introduced an epidemiological imperative to designate that area as a CZ by emergency rule and require CWD testing and carcass movement restrictions of deer harvested within that zone, which was effected by Order of the Executive Director on January 26, 2017 and subsequently published in the February 10, 2017, issue of the Texas Register (42 TexReg 531), attached as Exhibit A.

CWD was also detected in a free-ranging mule deer in Hartley County in 2016, which the TPW Commission responded to by designating a CZ and SZ in portions of several Panhandle counties. Staff recommend extending the SZ to include the cities of Amarillo and Dumas in order to facilitate processing and tissue extraction.

TPWD and TAHC staff are analyzing all available information to determine appropriate zone delineations, and will present potential amendments to TPWD’s rules regarding disease detection and response.  TPWD staff will seek permission to publish the proposed rules in the Texas Register for public comment.

Attachments – 1

  1. Exhibit A – Emergency Rules Adopted

Work Session Item No. 6A
Exhibit A

DISEASE DETECTION AND RESPONSE RULES

EMERGENCY ADOPTION PREAMBLE

 1. Introduction.

         Pursuant to Parks and Wildlife Code, §12.027, and Government Code, §2001.034, the executive director of the Texas Parks and Wildlife Department (the department) adopts, on an emergency basis, amendments to §65.81 and §65.82, concerning Disease Detection and Response. The rules are contained in Division 1 of Subchapter B. The emergency adoption will eliminate current Surveillance Zone 3 (SZ 3) and establish new Containment Zone 3 (CZ 3) in Medina, Bandera, and Uvalde counties in response to the recent detection of chronic wasting disease (CWD) in a free-ranging white-tailed deer in Medina County.

         The department’s executive director has determined that the nature of CWD and its recent detection in a free-ranging white-tailed deer in Medina County pose an immediate danger to white-tailed deer, which is a species authorized to be regulated by the department, and that the adoption of the amendment on an emergency basis with fewer than 30 days’ notice is necessary to address this immediate danger.

          The emergency rules will initially be in effect for no longer than 120 days, but may be extended for an additional 60 days.  It is the intent of the department to also publish proposed rules pursuant to the Administrative Procedure Act’s notice and comment rulemaking process.

2. Justification for the Rules.

         CWD is a fatal neurodegenerative disorder that affects some cervid species, including white-tailed deer, mule deer, elk, red deer, sika, and their hybrids (susceptible species). It is classified as a TSE (transmissible spongiform encephalopathy), a family of diseases that includes scrapie (found in sheep), bovine spongiform encephalopathy (BSE, found in cattle and commonly known as “Mad Cow Disease”), and variant Creutzfeldt-Jakob Disease (vCJD) in humans.

         Although CWD remains under study, it is known to be invariably fatal to certain species of cervids, and is transmitted both directly (through animal-to-animal contact) and indirectly (through environmental contamination).  (There is no scientific evidence to indicate that CWD is transmissible to humans.)  Moreover, a high prevalence of the disease in wild populations correlates with deer population declines and there is evidence that hunters tend to avoid areas of high CWD prevalence. If CWD is not contained and controlled, the implications of the disease for Texas and its multi-billion dollar ranching, hunting, wildlife management, and real estate economies could potentially be significant.

         The department has engaged in several rulemakings over the years to address the threat posed by CWD. In 2005, the department closed the Texas border to the entry of out-of-state captive white-tailed and mule deer and increased regulatory requirements regarding disease monitoring and record keeping. (The closing of the Texas border to entry of out-of-state captive white-tailed and mule deer was updated, effective in January 2010, to address other disease threats to white-tailed and mule deer (35 TexReg 252).)

         On July 10, 2012, the department confirmed that two mule deer sampled in the Texas portion of the Hueco Mountains tested positive for CWD. In response, the department adopted new rules in 2013 (37 TexReg 10231) to implement a CWD containment strategy in far West Texas. The rules established a system of concentric zones within which the movement of live deer under department permits (Deer Breeder Permits, Triple T Permits, and Deer Management Permits) is restricted, and required deer harvested in specific geographical areas to be presented at check stations to be tested for CWD. In 2015, those rules were modified (41 TexReg 7501) in response to additional CWD discoveries in the Texas Panhandle and Medina County, creating additional SZs and CZs.

         In June of 2015 the department received confirmation that a two-year-old white-tailed deer held in a deer breeding facility in Medina County (“index facility”) had tested positive for CWD, which was followed by positive test results for white-tailed deer in three additional deer breeding facilities. Subsequent testing confirmed the presence of CWD in additional white-tailed deer at the index facility. The source of the CWD at the index facility has not been determined. In response, the department first adopted emergency rules (40 TexReg 5566) to respond immediately to the threat, then developed interim rules (41 TexReg 815) intended to function through the 2015-2016 hunting season until permanent rules could be implemented. Working closely with the Texas Animal Health Commission (TAHC), the regulated community, and key stakeholders, and with the assistance of the Center for Public Policy Dispute Resolution of the University of Texas School of Law, the department developed comprehensive CWD management rules (Subchapter B, Division 2), adopted in 2016 (41 TexReg 5726). The comprehensive CWD management rules address the movement and consequences of movement of live deer under various department-issued permits (Deer Breeder Permits, Triple T Permits, and Deer Management Permits). Concurrently, the department engaged in rulemaking affecting Subchapter B, Division 1 (41 TexReg 7501) to create additional SZs and CZs, including SZ 3, which affects portions of Bandera, Medina, and Uvalde counties. The rules imposed restrictions on the movement to, from, and within SZs and CZs of live deer under various permits issued by the department, but exempted SZ 3 from the applicability of §65.88, concerning Deer Carcass Movement Restrictions, which imposes certain restrictions on the movement of dead deer and parts of dead deer from SZs (mandatory check station and documentation requirements).  The department was approached by concerned county officials and landowners in Medina County who committed to organizing a volunteer hunter and landowner effort to provide the department with a sufficient number of valid “not detected” CWD test results, which would allow the department to make an epidemiologically sound determination about the prevalence (if any) of CWD within SZ 3.

         On January 24, 2017, the department received confirmation that a 1.5-year-old male white-tailed deer harvested by a hunter within SZ 3 in Medina County during the 2016-2017 hunting season had tested positive for CWD. The deer was free-ranging and was harvested on a low-fenced property.

         Prior to the recent detection in a free-ranging white-tailed deer, the CWD discovery in this part of the state occurred in deer breeding facilities, which are required by law to be designed and built to both prevent the free movement of deer and contact with free-ranging deer, which facilitates the control and management of CWD. In addition, the breeding facilities where CWD was previously discovered are operating under TAHC herd plans, which restrict deer movement and require CWD testing at a level equal to or greater than that required in a CZ.

         Based on the epidemiological science of CWD and in consultation with TAHC, the department has determined that prompt action to contain CWD in this area is necessary and that it is prudent to designate current SZ 3 as CZ 3 and to do so by emergency rule with fewer than 30 days’ notice.  This action will restrict movement of deer and deer carcasses.

         Within a CZ, no person shall conduct, authorize or cause any activity involving the movement of a susceptible species under a permit issued pursuant to Parks and Wildlife Code, Chapter 43, Subchapter C, E, L, R, or R-1. Such prohibited activity, includes, but is not limited to transportation, introduction, removal, authorizing the transportation, introduction or removal of, or causing the transportation, introduction or removal of a live susceptible species into, out of, or within a CZ. The rules also prohibit the possession of susceptible species within new deer breeding facilities within a CZ, prohibit the recapture of escaped breeder deer unless authorized under a hold order or herd plan issued by TAHC , and prohibit the transfer of breeder deer to or from a TC 2 or TC 3 deer breeding facility located within a CZ; however, a TC 1 deer breeding facility located in a CZ may release breeder deer to immediately adjoining acreage if the release site and the breeding facility share the same ownership, but may not transfer deer to or from any other location. Additionally, the CZ designation imposes specific carcass movement restrictions on deer and parts of deer harvested within a CZ. The department also intends to establish mandatory check stations within CZ 3.

         The department will undertake to inform the public with respect to the emergency rules and permanent rules to follow.

         The emergency action is necessary to protect the state’s white-tailed deer populations, as well as associated industries.

3. Statutory Authority.

         The rules are adopted on an emergency basis under Parks and Wildlife Code, §12.027, which authorizes the department’s executive director to adopt emergency rules if there is an immediate danger to a species authorized to be regulated by the department, and under Government Code §2001.034, which authorizes a state agency to adopt such emergency rules without prior notice or hearing.

4. Rule Text.

         §65.81. Containment Zones; Restrictions.  The areas described in paragraph (1) of this section are CZs.

                 (1) Containment Zones.

                         (A) Containment Zone 1: That portion of the state within the boundaries of a line beginning in Culberson County where U.S. Highway (U.S.) 62-180 enters from the State of New Mexico; thence southwest along U.S. 62-180 to F.M. 1111 in Hudspeth County; thence south on F.M. 1111 to I.H. 10 thence west along I.H. 10 to S.H. 20; thence northwest along S.H. 20 to Farm-to Market Road (F.M.) 1088; thence south along F.M. 1088 to the Rio Grande; thence northwest along the Rio Grande to the Texas-New Mexico border.

                         (B) Containment Zone 2: That portion of the state within the boundaries of a line beginning where I.H. 40 enters from the State of New Mexico in Deaf Smith County; thence east along I.H. 40 to U.S. 385 in Oldham County; thence north along U.S. 385 to the Oklahoma state line.

                         (C) Containment Zone 3. That portion of the state lying within a line beginning at U. S. 90 in Hondo in Medina County; thence west along U.S. Highway 90 to F.M. 187 in Uvalde County; thence north along F.M. 187 to F. M. 470 in Bandera County; thence east along F.M. 470 to Tarpley in Bandera County; thence south along F.M. 462 to U.S. 90 in Hondo.

                         (D)[(C)] Existing CZs may be modified and additional CZs may be designated as necessary by the executive director as provided in §65.84 of this title (relating to Powers and Duties of the Executive Director).

                 (2) Restrictions.

                         (A) Except as provided in this section or §65.87 of this title (relating to Exception), no person within a CZ shall conduct, authorize or cause any activity involving the movement of a susceptible species under a permit issued pursuant to Parks and Wildlife Code, Chapter 43, Subchapter C, E, L, R, or R-1. Such prohibited activity, includes, but is not limited to transportation, introduction, removal, authorizing the transportation, introduction or removal of, or causing the transportation, introduction or removal of a live susceptible species into, out of, or within a CZ.

                         (B) If the department receives an application for a deer breeder permit for a new facility that is to be located within an area designated as a CZ, the department will issue the permit but will not authorize the possession of susceptible species within the facility so long as the CZ designation exists.

                         (C) Deer that escape from a deer breeding facility within a CZ may not be recaptured unless specifically authorized under a hold order or herd plan issued by the Texas Animal Health Commission.

                         (D) A TC 1 deer breeding facility located in a CZ may release breeder deer to immediately adjoining acreage if the release site and the breeding facility share the same ownership, but may not transfer deer to or from any other location. Breeder deer may not be transferred to or from a TC 2 or TC 3 deer breeding facility located within a CZ.

         §65.82. Surveillance Zones; Restrictions. The areas described in paragraph (1) of this section are SZs.

                 (1) Surveillance Zones.

                         (A) Surveillance Zone 1: That portion of the state lying within a line beginning where U.S. 285 enters from the State of New Mexico in Reeves County; thence southeast along U.S. 285 to R.M. 652; thence west along R.M. 652 to Rustler Springs Rd./FM 3541 in Culberson County; thence south along Rustler Springs Rd./F.M. 3541 to F.M. 2185; thence south along F.M. 2185 to Nevel Road; thence west along Nevel Road to County Road 501; thence south along County Road 501 to Weatherby Road; thence south along Weatherby Road to F.M. 2185; thence southwest along to F.M. 2185 to S.H. 54; thence south on S.H. 54 to U.S. 90; thence south along U.S. 90 to the Culberson County line; thence southwest along the Culberson County line to the Rio Grande River in Hudspeth County; thence north along the Rio Grande to F.M. 1088; thence northeast along F.M. 1088 to S.H. 20; thence southeast along S.H. 20 to I.H. 10; thence southeast along I.H. 10 to F.M 1111; thence north on F.M. 1111 to U.S. 62/180; thence east and north along U.S. 62/180 to the New Mexico state line in Culberson County.

                         (B) Surveillance Zone 2. That portion of the state lying within a line beginning at the New Mexico state line where U.S. 60 enters Texas; thence northeast along U.S. 60 to U.S. 87 in Randall County; thence north along U.S. 87 to I.H. 27; thence north along U.S. 87/I.H. 27 to U.S. 287 in Moore County; thence north along US 287 to the Oklahoma state line.

                         [(C) Surveillance Zone 3. That portion of the state lying within a line beginning at U. S. 90 in Hondo in Medina County; thence west along U.S. Highway 90 to F.M. 187 in Uvalde County; thence north along F.M. 187 to F. M. 470 in Bandera County; thence east along F.M. 470 to Tarpley in Bandera County; thence south along F.M. 462 to U.S. 90 in Hondo.]

                         (C)[(D)] Existing SZs may be modified and additional SZs may be designated as necessary by the executive director as provided in §65.84 of this title (relating to Powers and Duties of the Executive Director).

                 (2) Restrictions.

                         (A) Except as provided in §65.87 of this title (relating to Exception) and subparagraph (B) of this paragraph, no person within a SZ may conduct, authorize or cause any activity involving the movement of a susceptible species, into, out of, or within a SZ under a permit issued pursuant to Parks and Wildlife Code, Chapter 43, Subchapter C, E, L, R, or R-1. Such prohibited activity, includes, but is not limited to transportation, introduction, removal, authorizing the transportation, introduction or removal, or causing the transportation, introduction or removal of a live susceptible species into, out of, or within a SZ.

                         (B) Breeder Deer.

                                  (i) Except as provided in Division 2 of this subchapter, a breeding facility that is within a SZ and designated as a:

                                          (I) TC 1 breeding facility may:

                                                   (-a-) transfer to or receive breeder deer from any other deer breeding facility in this state; and

                                                   (-b-) transfer breeder deer in this state for purposes of liberation, including to release sites within the SZ.

                                          (II) TC 2 breeding facility:

                                                   (-a-) may receive deer from any facility in the state that is authorized to transfer deer;

                                                   (-b-) may transfer deer to a breeding facility or release site that is within the same SZ; and

                                                   (-c-) is prohibited from transferring deer to any facility outside of the SZ.

                                  (ii) Deer that escape from a breeding facility within a SZ may not be recaptured unless specifically authorized under a hold order or herd plan issued by the Texas Animal Health Commission.

                         (C) Permits to Transplant Game Animals and Game Birds (Triple T permit). The department may authorize the release of susceptible species in a SZ under the provisions of a Triple T permit issued by the department under the authority of Parks and Wildlife Code, Chapter 43, Subchapter E and the provisions of Subchapter C of this chapter, but the department will not authorize the trapping of deer within a SZ for purposes of a Triple T permit.

                         (D) Deer Management Permit (DMP). The department may issue a DMP for a facility in a SZ; however, any breeder deer introduced to a DMP facility must be released and may not be transferred to any deer breeding facility.

         This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency’s authority.

         Issued in Austin, Texas, on


Work Session Item No. 6B
Presenter: Mitch Lockwood

Work Session
Chronic Wasting Disease (CWD) – Movement of Deer
March 22, 2017

I.       Executive Summary:  This item seeks permission to publish proposed amendments to the comprehensive chronic wasting disease (CWD) management rules in the Texas Register for public comment.

II.     Discussion:  In response to the discovery of CWD in deer breeding facilities in 2016, the Texas Parks and Wildlife (TPW) Commission adopted comprehensive CWD management rules to establish minimum surveillance requirements, including testing, necessary for deer breeding facilities to transfer deer to or from another deer breeding facility. The Texas Parks and Wildlife Department (TPWD) has since encountered at least one instance in which test samples were lost after being received by the accredited testing laboratory. Because the movement status and transfer category of deer breeding facilities are dependent upon sufficient test results, lost tissue samples therefore have the potential to be problematic for deer breeders attempting to comply with the rules. Although the comprehensive CWD management rules allow a deer breeder to substitute ante-mortem tests for post-mortem tests, the rules do not provide a mechanism that would allow TPWD to re-establish status for a facility that has been automatically reduced in status due to insufficient test results caused by tissue samples being lost after being received by the testing laboratory.

III.    Recommendation:  Staff recommends amending the comprehensive CWD management rules to allow TPWD, in cases in which tissue samples have been lost following submission, to reinstate status upon timely receipt of sufficient ante-mortem test results.  Staff will seek permission to publish the proposed rules in the Texas Register for public comment.


Work Session Item No. 9
Presenter: Justin Dreibelbis

Work Session
Public Lands Proclamation
Request Permission to Publish Proposed Changes in the Texas Register
March 22, 2017

I.       Executive Summary:  This item seeks permission to publish proposed amendments to the Public Lands Proclamation in the Texas Register for public comment. The proposed amendments are as follows:

  • add new wildlife management areas and other public hunting lands to the inventory;
  • re-define and re-purpose the special access permit;
  • retitle “preference points” as “loyalty points and allow for reinstatement of loyalty points due to military deployment;
  • make housekeeping-type changes to clarify existing provisions, eliminate repetition, and remove obsolete references

II.     Discussion:  Under Parks and Wildlife Code, Chapter 81, Subchapter E, the Texas Parks and Wildlife (TPW) Commission is authorized to promulgate rules governing access to and use of public hunting lands and specific hunting, fishing, recreational, or other use of wildlife management areas (WMA) and requires the Commission to prescribe by rule any terms, conditions, and fees for the issuance and use of permits.

Parks and Wildlife Code, Chapter 12, Subchapter A, provides that a tract of land purchased primarily for a purpose authorized by the Parks and Wildlife Code may be used for any authorized function of the Texas Parks and Wildlife Department “if the TPW Commission determines that multiple use is the best utilization of the land’s resources.” Additionally, Chapter 81, Subchapter E, provides the Commission with the authority to establish open seasons, and authorizes the Executive Director to determine bag limits, means and methods, and conditions for the taking of wildlife resources on wildlife management and public hunting lands, which includes units of the State Park System designated as public hunting lands.

III.    Recommendation:  TPWD staff will seek permission to publish the proposed rules in the Texas Register for public comment

Attachments – 1

  1. Exhibit A – Proposed Rules

Work Session Item No. 9
Exhibit A

PUBLIC LANDS PROCLAMATION

PROPOSAL PREAMBLE

1. Introduction.

         The Texas Parks and Wildlife Department proposes amendments to §§65.190, 65.191, 65.193, 65.197, 65.199, and 65.204, concerning the Public Lands Proclamation. The proposed amendments are a result of the annual review of the public lands proclamation, as well as the department’s review of its regulations under the provisions of Government Code, §2001.039, which requires a state agency to review each of its regulations no less frequently than every four years and to re-adopt, adopt with changes, or repeal each rule as a result of the review.

         The proposed amendment to §65.190, concerning Application, would add the East Texas Conservation Center, Roger Fawcett Wildlife Management Area (WMA), the Nature Center, and Yoakum Dunes WMA to the list of WMAs and public hunting lands to which the rules apply. All four locations have been recently added to the department’s inventory and made available for public hunting opportunity.

         The proposed amendment to §65.191, concerning Definitions, would alter the definitions of “special access permit” and “preference points.” Until recently, the department issued a special access permit to authorize access to a specified unit of state parks for purposes of participation in public hunting opportunity. With the transition to an automated system for drawn public hunts, such a permit is no longer necessary for that purpose. However, the permit is being repurposed to provide access to a non-hunting person during authorized activities, which is necessary to allow for persons selected for public hunting opportunity to be accompanied by a friend or family member. The proposed amendment also would replace the term “preference points” with the term “loyalty points,” which is necessary to more accurately describe the department’s process for increasing the probability of selection for public hunting opportunity following unsuccessful attempts.

         The proposed amendment to §65.193, concerning Access Permit Required and Fees, would eliminate a reference to a state park that no longer exists, remove subsections (c) – (e) because they duplicate definitions contained in §65.191, eliminate references to “special access permits” because that term is no longer meaningful in the context in which it is used, and standardize references to special permits. The amendment is nonsubstantive and intended to reduce confusion and increase clarity.

         The proposed amendment to §65.197, concerning Reinstatement of Preference Points, would retitle the section “Reinstatement of Loyalty Points” and replace the word “preference” with the word “loyalty” for reasons discussed in the proposed amendment to §65.190. The proposed amendment also would eliminate paragraph (2), which provides for the reinstatement of loyalty points if the selected applicant was assigned a hunt category, hunt area, or hunt period other than was indicated on the application and does not participate in the hunt. Prior to implementation of an automated system for entering public hunt drawings, the entry, selection, and notification processes were manual and the occasional human error occurred during processing, resulting in the inadvertent assignment to applicants of hunts other than those for which the person applied. With the automated system, however, the only way for an applicant to be erroneously assigned a hunt opportunity is for the applicant to have applied for the wrong hunt; thus, the mistake is on the applicant’s part. Therefore, it is no longer necessary for the department to provide for reinstatement of loyalty points in such situations, since the error is not on the department’s part. The proposed amendment also would create an exception for persons who have paid the appropriate fee and were prevented from participating in the scheduled hunt because of military deployment. The department believes that the obligations of military service are an appropriate reason for reinstating loyalty points.

         The proposed amendment to §65.199, concerning General Rules of Conduct, would remove references in subsection (d) to a defunct department publication entitled "Applications for Drawings on Public Hunting Lands." With the implementation of the new online system for application, the department has ceased to print hard copy booklets; however, the possibility remains that unforeseen developments such as natural events (drought, hurricane, flood, etc.) could make it necessary to cancel/re-schedule/alter hunting opportunities. Therefore, the proposed amendment would allow for the provision of hunting opportunity involving dogs following the issuance of an executive order published on the department’s website.

         The proposed amendment to §65.204,  concerning Recreational Use of Wildlife Management Areas, would clarify that the provisions of the subchapter apply on public hunting lands as well as wildlife management areas.

2. Fiscal Note.

         Justin Dreibelbis, Director of the Private Lands and Public Hunting Program, 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 proposed amendments.

3. Public Benefit/Cost Note.

         Mr. Dreibelbis 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 clearer, better organized, and more accurate regulations governing the processes and entities administered under the provisions of Chapter 65, Subchapter H.

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

         (C) 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.

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

         (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 proposed rule may be submitted to Robert Macdonald, Regulations Coordinator, e-mail: robert.macdonald@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, §81.006, which prohibits the take, attempted take, or possession of any wildlife or fish from a wildlife management area except in the manner and during the times permitted by the department under Chapter 81, Subchapter E, and under  Chapter 81, Subchapter E, which provides the Parks and Wildlife Commission with authority to establish an open season on wildlife management areas and public hunting lands, authorizes the executive director to regulate numbers, means, methods, and conditions for taking wildlife resources on wildlife management areas and public hunting lands, and authorizes the commission to adopt rules governing recreational activities in wildlife management areas.

         The proposed amendments affect Parks and Wildlife Code, Chapter 81.

6. Text.

         §65.190. Application.

                 (a) – (d) (No change.)

                 (e) Public hunting lands include, but are not limited to, the following:

                         (1) – (19) (No change.)

                         (20) East Texas Conservation Center (Unit 780);

                         (21) Elephant Mountain WMA (Unit 725);

                         (22)[(21)] Gene Howe WMA (Unit 755) — includes Pat Murphy Unit (Unit 706);

                         (23)[(22)] Granger (Unit 709);

                         (24)[(23)] Guadalupe Delta WMA (Unit 729) — includes Mission Lake Unit (720), Guadalupe River Unit (723), Hynes Bay Unit (724), and San Antonio River Unit (760);

                         (25)[(24)] Gus Engeling WMA (Unit 754);

                         (26)[(25)] James Daughtrey WMA (Unit 713);

                         (27)[(26)] J.D. Murphree WMA (Unit 783);

                         (28)[(27)] Justin Hurst WMA (Unit 721);

                         (29)[(28)] Keechi Creek WMA (Unit 726);

                         (30)[(29)] Kerr WMA (Unit 756);

                         (31)[(30)] Lake McClellan Recreation Area (Unit 906);

                         (32)[(31)] Lower Neches WMA (Unit 728) — includes Old River Unit and Nelda Stark Unit;

                         (33)[(32)] Mad Island WMA (Unit 729);

                         (34)[(33)] Mason Mountain WMA (Unit 749);

                         (35)[(34)] Matador WMA (Unit 702);

                         (36)[(35)] Matagorda Island WMA (Unit 722);

                         (37)[(36)] McGillvray and Leona McKie Muse WMA (Unit 750);

                         (38)[(37)] M.O. Neasloney WMA;

                         (39)[(38)] Moore Plantation WMA (Unit 902);

                         (40)[(39)] Nannie Stringfellow WMA (Unit 716);

                         (41)[(40)] North Toledo Bend WMA (Unit 615);

                         (42)[(41)] Old Sabine Bottom WMA (Unit 732);

                         (43)[(42)] Pat Mayse WMA (Unit 705);

                         (44)[(43)] Ray Roberts (Unit 501);

                         (45)[(44)] Redhead Pond WMA;

                         (46)[(45)] Richland Creek WMA (Unit 703);

                         (47) Roger Fawcett WMA (Unit 781);

                         (48)[(46)] Sam Houston National Forest WMA (Unit 905);

                         (49)[(47)] Sierra Diablo WMA (Unit 767);

                         (50)[(48)] Somerville (Unit 711);

                         (51)[(49)] Tawakoni WMA (Unit 708);

                         (52) The Nature Center (Unit 021);

                         (53)[(50)] Welder Flats WMA;

                         (54)[(51)] White Oak Creek WMA (Unit 727); [and]

                         (55) Yoakum Dunes WMA (Unit 752); and

                         (56)[(52)] Other numbered units of public hunting lands.

         §65.191. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. All other words and terms shall have the meanings assigned in §65.3 of this title (relating to Statewide Hunting and Fishing Proclamation).

                 (1) – (32) (No change.)

                 (33) Loyalty[Preference] point system — A method of special permit distribution in which the probability of selection is progressively enhanced by prior unsuccessful applications within a given hunt category by individuals or groups.

                 (34) – (41) (No change.)

                 (42) Special Access Permit — A department-permit that allows access to a non-hunting person on public lands during authorized activities.[A permit, issued pursuant to a selection procedure, that allows access to a specified unit of the state park system at a specified time.]

                 (43) – (49) (No change.)

         §65.193. Access Permit Required and Fees.

                 (a) (No change.)

                 (b) Annual Public Hunting (APH) Permit and Limited Public Use (LPU) Permit.

                         (1) – (3) (No change.)

                                  (4) The permits required under paragraphs (1) — (3) of this subsection are not required for:

                                          (A) persons who enter Caddo Lake Wildlife Management Area and do not hunt or enter upon the land;

                                          (B) persons who enter and hunt waterfowl within the Bayside Marsh Unit [of Matagorda Island State Park and] Wildlife Management Area; or

                                          (C) persons who enter Zone C of the Guadalupe River Unit of the Guadalupe Delta Wildlife Management Area and do not hunt or fish.

                         (5) – (6) (No change.)

                 [(c) Regular Permit — A regular permit is issued on a first come-first served basis at the hunt area on the day of the scheduled hunt with the department reserving the right to limit the number of regular permits to be issued.]

                 [(d) Special Permit — A special permit is issued to an applicant selected in a drawing.]

                 [(e) Special Access Permit — A special access permit is issued to an applicant selected in a drawing.]

                 (f) Mentored Hunting Permit — Permits issued under this subsection shall be available on a first-come, first-served basis for use on designated units of public hunting lands at designated times. A person may participate in a designated hunt under a mentored hunting permit only if the person has completed the mandatory mentored hunter workshop and has been authorized by the department to participate in hunt activities. A person who participates in a mentored hunt under a mentored hunting permit must be accompanied by a designated mentor.

                 (c)[(g)] Permits for hunting wildlife resources on public hunting lands shall be issued by the department to applicants by means of a fair method of distribution subject to limitations on the maximum number of permits to be issued.

                 (d)[(h)] The department may implement a system of issuing special permits [or special access permits] that gives preference to those applicants who have applied previously but were not selected to receive a permit.

                 (e)[(i)] Application fees.

                         (1) The department may charge a non-refundable fee, which may be required to accompany and validate an individual’s application in a drawing for a special [hunting] permit [or special access permit].

                         (2) The application fee for a special [hunting] permit [or special access permit] is waived for a person under 17 years of age; however, the youth must apply in conjunction with an authorized supervising adult to whom an application fee is assessed, except as provided in paragraphs (3) and (4) of this subsection.

                         (3) The application fee for a special permit [or special access permit] is waived for an adult who is making application to serve as a non-hunting authorized supervising adult for a youth in a youth-only drawn hunt category.

                         (4) Persons under 17 years of age may be disqualified from applying for special package hunts or may be assessed the application fee.

                         (5) The application fee for a special permit [or special access permit] is waived for on-site applications made under standby procedures at the time of a hunt.

                         (6) Incomplete or incorrectly completed applications will be disqualified.

                 (f)[(j)] Legal animals to be taken by special or regular permit shall be stipulated on the permit.

                 (g)[(k)] Only one special[, special access,] or regular permit fee will be assessed in the event of concurrent hunts for multiple species, and the fee for the legal species having the most expensive permit will prevail.

                 (h)[(l)] Any applicable special[, special access,] or regular permit fees will be waived for youth under the supervision of a duly permitted authorized supervising adult.

                 (i)[(m)] Any applicable regular permit fees will be waived for persons possessing an APH permit.

                 (j)[(n)] Certain hunts may be conducted totally or in part by regular permit. It is an offense to fail to comply with established permit requirements specifying whether a regular permit is required of all participants or required only of adult participants who do not possess an APH permit.

                 (k)[(o)] Any applicable regular permit fees for authorized activities other than hunting or fishing will be waived for persons possessing an APH permit or an LPU permit.

                 (l)[(p)] An access permit applies only to the individual to whom the permit is issued, and neither the permit nor the rights granted thereunder are transferable to another person.

                 (m)[(q)] A person who fails to obey the conditions of a permit issued under this subchapter commits an offense.

         §65.197. Reinstatement of Loyalty[Preference] Points. Accrued loyalty[preference] points will be reinstated in the concerned hunt category for a selected applicant only if:

                 (1) payment of hunt permit fees has been made, but the scheduled hunt is unable to be conducted in its entirety or is canceled at the discretion of the department; or

                 (2) payment of hunt permit fees has been made, but participation in the scheduled hunt is not possible due to deployment as a result of service in the armed forces of the United States[the selected applicant was assigned a hunt category, hunt area, or hunt period other than was indicated on the application and does not participate in the hunt].

         §65.199. General Rules of Conduct.

                 (a) – (c) (No change.)

                 (d) Hunting with Dogs.

                         (1) Dogs may be possessed and used to hunt animals and birds on public hunting lands only as provided:

                                  (A) in the "Legal Game Legend" provided for each unit of public hunting lands in the department publication entitled "Map Booklet for Public Hunting Lands;" or

                                  (B) by executive order published on the department’s official website[in the case of drawn hunts, in the department publication entitled "Applications for Drawings on Public Hunting Lands."]

                         (2) It is an offense for any person to use a dog to hunt a bird or animal on public hunting lands except as authorized:

                                  (A) in the "Legal Game Legend" provided for each unit of public hunting lands in the department publication entitled "Map Booklet for Public Hunting Lands" or

                                  (B) by executive order published on the department’s official website [in the "Applications for Drawings on Public Hunting Lands."]

         §65.204. Recreational Use of Wildlife Management Areas.

                 (a) Hunting is allowed on wildlife management areas and public hunting lands only as provided in this subchapter.

                 (b) – (d) (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


Work Session Item No. 10
Presenter: Mitch Lockwood

Work Session
Alligator Farm Rules
Request Permission to Publish Proposed Changes in the Texas Register
March 22, 2017

I.       Executive Summary:  This item seeks permission to publish a proposed amendment to regulations governing alligator farms in the Texas Register for public comment.

II.     Discussion:  Under Parks and Wildlife Code, Chapter 65, the Texas Parks and Wildlife Commission may regulate by proclamation the taking, possession, propagation, transportation, importation, exportation, and sale of alligators. Under current rule, alligator farms are required to provide pooled water sufficient to allow complete submersion of alligators and dry ground sufficient to permit alligators to completely exit from the water. In assessing the efficacy of those rules, the department has determined that the dry-ground requirement produces territorial disputes between individual alligators competing for space and the movements resulting from that requirement produce adverse impacts on skin quality, which in turn affects sale prices for hides. Staff believe that elimination of the dry-ground requirement will limit aggressive behavior between alligators and improve hide quality.

Attachments – 1

  1. Exhibit A – Proposed Rule

Work Session Item No. 10
Exhibit A

ALLIGATOR PROCLAMATION

PROPOSAL PREAMBLE

1. Introduction.

         The Texas Parks and Wildlife Department proposes an amendment to §65.361, concerning Alligator Farm Facility Requirements. The proposed amendment would alter subsection (a)(4) to eliminate the requirement to provided dry ground sufficient to permit alligators to completely exit from the water. Alligator farming is a commercial enterprise that produces meat and hides, much like cattle ranching, and provides a conservation benefit by minimizing impact to wild populations. With respect to hide sales, the most important criteria is hide quality. The department has determined that the current rule requiring the provision of dry ground causes territorial confrontations between alligators, which in turn results in the degradation of hide quality, making Texas alligators less marketable. The department believes that skin quality is an indicator of good husbandry and that reducing animal conflicts will produce a more humane environment for farmed alligators, which will also result in more marketable hides.

2. Fiscal Note.

         Mitch Lockwood, Big Game Program Director, has determined that for each of the first five years that the rule as proposed is in effect, there will be no fiscal implications to state and local governments as a result of enforcing or administering the rule.

3. Public Benefit – Cost Note.

         Mr. Lockwood has also determined that for each of the first five years the rule as proposed is in effect:

         (A) The public benefit anticipated as a result of enforcing or administering the rule as proposed will be the increased marketability of hides by Texas alligator farmers.

         (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 affect 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, commission 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 most if not all businesses affected by the proposed rule qualify as small or microbusinesses. The department also has determined that there will be no adverse economic effects on small businesses, microbusinesses, and persons required to comply with the amendment as proposed, and, if anything, any fiscal impacts will be positive, since the proposed amendment is expected to result in the increased marketability of alligator hides. Accordingly, the department has not prepared a regulatory flexibility analysis under 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 rule 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 rule.

         (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.

         (F) The department has determined that the proposed rule is in compliance with Government Code, §505.11 (Actions and Rules Subject to the Coastal Management Program) and §505.22 (Consistency Required for New Rules and Rule Amendments Subject to the Coastal Management Program).

4. Request for Public Comment.

         Comments on the proposed rule may be submitted to Mitch Lockwood, Texas Parks and Wildlife Department 4200 Smith School Road, Austin, Texas, 78744; (512) 389-4363 (e-mail: mitch.lockwood@tpwd.texas.gov) or on the department’s website at www. tpwd.texas.gov.

5. Statutory Authority.

         The amendment is proposed under the authority of Parks and Wildlife Code, §65.003,  which authorizes the commission to regulate taking, possession, propagation, transportation, exportation, importation, sale, and offering for sale of alligators, alligator eggs, or any part of an alligator that the commission considers necessary to manage this species, including regulations to provided for the periods of time when it is lawful to take, possess, sell, or purchase alligators, alligator hides, alligator eggs, or any part of an alligator; and limits, size, means, methods, and places in which it is lawful to take or possess alligators, alligator hides, alligator eggs, or any part of an alligator; and control of nuisance alligators.

         The proposed new rule affects Parks and Wildlife Code, Chapter 65.

         §65.361. Alligator Farm Facility Requirements.

                 (a) A first-time applicant for an alligator farmer’s permit must, prior to permit issuance, show evidence of the following during a facility inspection by the department:

                         (1) adequate barriers to prevent escape or entry by alligators;

                         (2) a reliable source of clean, fresh water;

                         (3) provision for protection from the cold, either available denning space or an enclosed, controlled-temperature environment;

                         (4) pooled water sufficient to allow complete submersion of alligators [and dry ground sufficient to permit alligators to completely exit from the water].

                 (b) – (i) (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.

         Issue in Austin, Texas, on

 


Work Session Item No. 12
Presenter: Trey Vick

Work Session
Exchange of Land - Bexar County
Approximately 56 Acres at Government Canyon State Natural Area
Request Permission to begin the Public Notice and Input Process
March 22, 2017

I.       Executive Summary: Texas Parks and Wildlife Department (TPWD) staff has been working with an adjacent private landowner on a proposal to exchange a 56-acre tract of land for a 56-acre tract of land that has greater conservation and recreation value for the Government Canyon State Natural Area (SNA).

II.     Discussion: The 12,116-acre Government Canyon SNA includes 3,021 acres acquired by the City of San Antonio (COSA) to protect recharge of the Edwards Aquifer, and transferred to TPWD in 2014 for addition to the SNA. The 3,021-acre transfer consisted of approximately 20 tracts, including a tract in the southern extremity of the SNA that is low quality habitat mesquite field. This tract is not over the Edwards Aquifer recharge zone and is adjacent to a residential neighborhood. The neighbor opposite the subdivision owns land that sits over the recharge zone and has high habitat values adjacent to the main body of the SNA. This neighbor proposes to exchange TPWD’s low quality habitat tract for a higher quality habitat tract that sits over the recharge zone. Staff of the SNA believes this exchange will increase the net conservation and recreation values of the SNA. Staff of the SNA has coordinated with COSA and U.S. Fish and Wildlife Service to ensure all parties concur with the proposed exchange.

III.    Recommendation:  Staff requests permission to begin the public notice and input process.

Attachments – 4

  1. Exhibit A – Location Map
  2. Exhibit B – Vicinity Map
  3. Exhibit C – Area Map
  4. Exhibit D – Site Map

Work Session Item No. 12
Exhibit A

Location Map for the Government Canyon State Natural Area in Bexar County

Location Map for the Government Canyon State Natural Area in Bexar County


Work Session Item No. 12
Exhibit B

Vicinity Map for Government Canyon State Natural Area near San Antonio

Vicinity Map for Government Canyon State Natural Area near San Antonio


Work Session Item No. 12
Exhibit C

Area Map for Government Canyon State Natural Area

Area Map for Government Canyon State Natural Area


Work Session Item No. 12
Exhibit D

Site Map for Subject 56 - Acre Tracts

Site Map for Subject 56 - Acre Tracts


Work Session Item No. 15
Presenter: Ted Hollingsworth

Executive Session Only
East Texas Wildlife Management Areas
Conservation and Public Use Strategy
March 22, 2017

I.       Executive Summary: Staff will brief and discuss the Texas Parks and Wildlife (TPW) Commission on a review of Wildlife Management Area (WMA) properties in central east Texas addressing legal issues and evaluating options that maximize conservation and increase public access.


Work Session Item No. 16
Presenter: Bob Sweeney

Executive Session Only
Legal Issues Regarding Commission Meeting
Policy and Procedures
March 22, 2017

I.          Executive Summary: Texas Parks and Wildlife Department’s Legal staff will brief, discuss with and advise the Texas Parks and Wildlife (TPW) Commission on legal issues associated with the policy and procedures regarding the Commission Meeting process.


Work Session Item No. 17
Presenter: Bob Sweeney

(Executive Session Only)
Update on Regulatory Litigation
March 22, 2017

I.       Executive Summary:  Attorneys for the Texas Parks and Wildlife Department (TPWD) will update and advise the Texas Parks and Wildlife (TPW) Commission regarding pending or anticipated litigation impacting TPWD’s regulatory authority, including the following pending lawsuits:

  • Potential litigation and/or involvement with current litigation relating to actions of the National Marine Fisheries Service (NMFS), an agency within the National Oceanic and Atmospheric Administration (NOAA) of the U.S. Department of Commerce, in connection with the regulation of red snapper.
  • State of Texas v. Chambers-Liberty Counties Navigation District, Each in his Official Capacity: Terry Haltom as CLCND Commissioner, Allen Herrington as CLCND Commissioner, Kenn Coleman as CLCND Commissioner, Ken Mitchell a CLCND Commissioner, and Dave Wilcox as CLCND Commissioner, and Sustainable Texas Oyster Resources Management, LLC., Cause No. D-1-GN-15-003093, in Travis County District Court.
  • Ken Bailey and Bradly Peterson v. Carter Smith, Executive Director, Clayton Wolf, Wildlife Division Director, Mitch Lockwood, Big Game Program Director and Texas Parks and Wildlife Department, Cause No. D-1-GN-15-004391, in the District Court of Travis County, Texas.