March 21-22, 2018, Commission Meeting Agenda

Work Session

Commission Agenda Items

January 24-25, 2018, Transcripts

 

Commission Agenda Item No. 2
Presenter: Ken Kurzawski
Dakus Geeslin

Action
2018-2019 Statewide Recreational and Commercial Fishing Proclamations
Recommended Adoption of Proposed Changes
March 22, 2018

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

Inland Fisheries

As a result of an ongoing review of existing harvest regulations for largemouth bass, regulations would be modified on multiple locations including eliminating current exceptions to statewide regulations and modifying existing exceptions to statewide limits to more appropriate regulations.

The specific changes proposed for largemouth bass are:

Coastal Fisheries

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 (Commission) under Texas Parks and Wildlife Code, Chapters 61 and 67.  Statutory authority to regulate commercial fisheries is delegated to the Commission under Texas 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 Commission Work Session meeting on January 24, 2018, staff was authorized to publish the proposed rules in the Texas Register for public comment.  The proposed rules appeared in the February 16, 2018 issue of the Texas Register (43 Tex. Reg. 824-27).  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 §57.981 and §57.992 concerning the Statewide Recreational and Commercial Fishing Proclamations, with changes as necessary to the proposed text as published in the February 16, 2018, issue of the Texas Register (43 Tex. Reg. 824-827).”

Attachments – 1

  1. Exhibit A – Proposed Fishing Rules Text

Commission Agenda Item No. 2
Exhibit A

STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION
PROPOSAL PREAMBLE

1. Introduction.

        The Texas Parks and Wildlife Department proposes amendments to §57.981 and §57.992, concerning the Statewide Recreational and Commercial Fishing Proclamations.

        The proposed amendment to §57.981, concerning Bag, Possession and Length Limits would implement a series of changes to largemouth bass harvest regulations on multiple reservoirs and increase the daily bag limit for King mackerel. Over the last year, the department’s Inland Fisheries Division conducted an extensive evaluation of largemouth bass harvest regulations across the state with the goal of reducing regulatory complexity where possible. The primary goal was to reduce the number of water bodies where harvest regulations are exceptions to the statewide standards (14-inch minimum length limit, five-fish daily bag limit) and consolidate additional water bodies under existing exceptions without confounding existing management goals and objectives. On that basis, the proposed amendment would implement the statewide harvest regulations for largemouth bass on Lake Granbury (Hood County), Possum Kingdom Reservoir (Palo Pinto County), Lake Ratcliff (Houston County), Lake Bryan (Brazos County), Cooper Lake (Delta County), Old Mount Pleasant City Lake (Titus County), Lake Bridgeport (Jack and Wise counties), Burke-Crenshaw Lake (Harris County), Lake Georgetown (Williamson County), Lake Madisonville (Madison County), San Augustine City Lake (San Augustine County), and Sweetwater Reservoir (Nolan County). Additionally, the proposed amendment would eliminate length limit restrictions on Grapevine Lake (Tarrant County) and, while retaining the five-fish daily bag limit, prohibit the retention of more than two fish of less than 18 inches in length. The proposed amendment also would replace the 14- to 24-inch slot length limit on Fayette County Reservoir (Fayette County), Gibbons Creek Reservoir (Grimes County), and Lake Monticello (Titus County) and replace it with a 16- to 24-inch slot length limit, and replace the current 18-inch minimum length limit on Lake Bellwood (Smith County) and the 14- to 18-inch slot length limit on Lake Davy Crockett (Fannin County) with a 16-inch maximum length limit while allowing the temporary possession of bass 24 inches or greater for possible submission to ShareLunker program.

         Finally, the proposed amendment would clarify that the bag and possession limits in subsection (d)(1)(B) apply to spotted bass as well as largemouth and Alabama bass and increase the daily bag limit for the recreational take of King mackerel from two to three. In a previous rulemaking, the department recognized the Alabama bass as a species distinct from spotted bass; however, the reference to spotted bass generally was inadvertently omitted in the subparagraph designation. The proposed amendment would rectify that oversight. With respect to King mackerel, federal action (82 FR 17387) in May of 2017 increased the daily bag limit for king mackerel in federal waters from two fish to three fish. The department has determined that making the daily bag limit in state waters identical to the daily bag limit in federal waters will provide additional angling opportunity to the public while preventing confusion and possible issues of compliance and enforcement without resulting in negative impacts to the resource.

        The proposed amendment to §57.992 Bag, Possession, and Length Limits, would increase the daily bag limit for commercial take of King mackerel, for the same reasons discussed in the proposed amendment to §57.981.

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, the:

        (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, micro-businesses, or rural communities. 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 impacts to small businesses, micro-businesses, or rural communities. 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, micro-businesses, or rural communities. 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.

        (F) The department has determined that because the rules as proposed do not impose a cost on regulated persons, it is not necessary to repeal or amend any existing rule.

        (G) In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS).  The rule as proposed, if adopted, will:

                 (1) neither create nor eliminate a government program;

                 (2) not result in an increase or decrease in the number of full-time equivalent employee needs;

                 (3) not result in a need for additional General Revenue funding;

                 (4) not affect the amount of any fee;

                 (5) create a new regulation;

                 (6) not expand, limit, or repeal an existing regulation;

                 (7) neither increase nor decrease the number of individuals subject to regulation; and

                 (8) not positively or adversely affect the state’s economy.

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 or Dakus Geeslin (Coastal Fisheries) at (512) 389-8734, e-mail: dakus.geeslin@tpwd.texas.gov. Comments also may be submitted via the department’s website at https://www.tpwd.texas.gov/business/feedback/public_comment/.

5.  Statutory Authority.

        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 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.

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

6. Rule Text.

        §57.981. Bag, Possession, and Length Limits.

                 (a) – (b) (No change.)

                 (c) There are no bag, possession, or length limits on game or non-game fish, except as provided in this subchapter.

                         (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) – (J) (No change.)

                                  (K) Mackerel.

                                          (i) King.

                                                  (I) Daily bag limit: 3[2].

                                                  (II) Minimum length limit: 27 inches.

                                                  (III) No maximum length limit.

                                          (ii) (No change.)

                                  (L) — (X) (No change.)

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

                         (1) Freshwater species.

                                  (A) (No change.)

                                  (B) Bass: largemouth, spotted, and Alabama.

                                          (i) – (iv) (No change.)

                                  (C) Bass: largemouth.

                                          (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) Lake 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) Lakes Bellwood (Smith County), Davy Crockett (Fannin County), Kurth (Angelina County), Nacogdoches (Nacogdoches County), [and] Naconiche (Nacogdoches County), Purtis Creek State Park (Henderson and Van Zandt counties), and Raven (Walker).

                                                  (I) Daily bag limit: 5.

                                                  (II) Maximum [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) 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), [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) Bedford Boys Ranch Lake (Tarrant County), 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) Lakes Grapevine (Denton and Tarrant counties),[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) 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 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.]

                                          [(viii) 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.]

                                          vii[(ix)] 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) — (III) (No change.)

                                          [(x) 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.]

                                          (viii)[(xi)] Lakes Fayette County (Fayette County), [Lake] Fork (Wood Rains and Hopkins counties), Gibbons Creek Reservoir (Grimes County), and Monticello (Titus County).

                                                  (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) — (P) (No change.)

                 (2) (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 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.

        The proposed amendments affect Parks and Wildlife Code, Chapter 61.

        §57.992 Bag, Possession, and Length Limits

                 (a) (No change.)

                 (b) There are no bag, possession, or length limits on game fish, non-game fish, or shellfish, except as otherwise provided in this subchapter.

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

                         (4) The statewide daily bag and length limits for commercial fishing shall be as follows.

                                  (A) – (G) (No change.)

                                  (H) Mackerel.

                                          (i) King.

                                                  (I) Daily bag limit: (3)[2].

                                                  (II) – (III) (No change.)

                                          (ii) (No change.)

                                  (I) — (N) (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