Work Session Item No. 1
Presenter: Carter Smith

Work Session
TPWD Land and Water Resources Conservation and Recreation Plan
May 23, 2018

I.      Executive Summary: Executive Director Carter Smith will briefly update the Texas Parks and Wildlife Commission (Commission) on the status of Texas Parks and Wildlife Department’s (TPWD) efforts to implement the Land and Water Resources Conservation and Recreation Plan (Plan). 

II.     Discussion: In 2001, the 77th Texas Legislature directed that TPWD develop a Land and Water Resources Conservation and Recreation Plan (Tex. Parks & Wildlife Code §11.104). In 2002, 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 website. 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: Mike Jensen

Work Session
Financial Overview
May 23, 2018

I.      Executive Summary:  Staff will present a financial overview of the Texas Parks and Wildlife Department (TPWD) and summarize the development of TPWD Fiscal Year (FY) 2018-2019 Strategic Plan. 

II.     Discussion: Staff will update the Texas Parks and Wildlife Commission on state park, boat registration/titling, and license fee revenues collected by TPWD for FY 2018 and will summarize recent budget adjustments for FY 2018.  Additionally, staff will summarize the status of updates to the TPWD Natural Agenda for state FY 2019 to 2023 as prescribed by the Legislative Budget Board and the Governor’s Office.

Work Session Item No. 12
Presenter: Lance Robinson

Gulf Shrimp Offload License - Replacement License Rules
Request Permission to Publish Proposed Changes in the Texas Register
May 23, 2018

I.      Executive Summary: This item seeks permission to publish proposed changes to 31 Texas Administrative Code §53.12 within the Finance Proclamation in the Texas Register for public comment. The proposed new amendment establishes a fee for replacement display licenses for a commercial gulf shrimp unloading license. 

II.     Discussion: The 85th  Texas Legislature (2017) enacted Senate Bill 1260, amending the Texas Parks and Wildlife Code by adding new §77.034, which prohibits a person from unloading or allowing to be unloaded at a port or point in Texas shrimp or other aquatic products caught or taken from the outside water or from salt water outside Texas without having been previously unloaded in some other state or foreign country unless the person has obtained a commercial gulf shrimp unloading license and a federal commercial vessel permit for gulf shrimp. The bill prescribes the fee for an annual commercial gulf shrimp unloading license ($1,485) and exempts a person who holds a valid resident or nonresident commercial gulf shrimp boat license from the requirement to hold a commercial gulf shrimp unloading license.  

Proposed new amendment §53.12(a)(4)(G) would establish a fee for replacement display licenses for a commercial gulf shrimp unloading license. Texas Parks and Wildlife Department has determined that the fee should be patterned after existing fees for replacement display licenses for commercial bay, bait, and gulf shrimp boats ($25) for consistency in rules and to minimize confusion.

Work Session Item No. 12
Exhibit A

STATEWIDE SHRIMP FISHERY PROCLAMATION
PROPOSAL PREAMBLE

1. Introduction.

        The Texas Parks and Wildlife Department proposes an amendment to §53.12, concerning Commercial Fishing Licenses and Tags. The proposed amendment would establish a $25 fee for the replacement of a commercial gulf shrimp unloading license.

        The 85th Legislature (2017) enacted Senate Bill 1260, amending the Texas Parks and Wildlife Code by adding new §77.034, which created the commercial gulf shrimp unloading license and established a fee of $1,485 (or a higher amount established by the commission) for that license.

        Parks and Wildlife Code, §77.0361, provides the commission with the authority to prescribe fees for duplicate licenses issued under the authority of Chapter 77. The rules currently prescribe a $25 replacement fee for a number of commercial shrimping licenses. Staff have determined that it is appropriate to provide for the issuance of a duplicate commercial shrimp unloading license and prescribe a fee of $25 for that action.

2. Fiscal Note.

        Lance Robinson, Deputy Director of the Coastal Fisheries Division, has determined that there will be minimal fiscal implications to state government as a result of administering the amendment. Department records indicate that over the last five years 61 duplicate licenses issued under the authority of Parks and Wildlife Code, Chapter 77, have been issued, an average of 12 per year; thus, the department estimates that the rule will result in an increase of approximately $300 per year in revenue, assuming the five-year historical trend is indicative of future events. There will be no other fiscal implications to the department, as the issuance of duplicate licenses will be performed by existing staff as part of current job duties. There will be no fiscal implications to other units of state or local government.

3. Public Benefit/Cost Note.

        Mr. Robinson also has determined that each of the first five years the amendment as proposed is in effect:

        (A) The public benefit anticipated as a result of enforcing or administering the amendment as proposed will be the ability of licensees to obtain duplicate commercial shrimp unloading licenses for a nominal fee instead of having to purchase a new license at $1,485.

        (B) There will be an adverse economic effect on persons required to comply with the amendment as proposed, namely, the $25 fee for a replacement commercial shrimp unloading license.

        (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 or amendment that may have an adverse economic effect on small businesses, micro-businesses, or rural communities. As required by Government Code, §2006.002(g), in April 2008, the Office of the Attorney General issued guidelines to assist state agencies in determining a proposed rule or amendment’s potential adverse economic impact on small businesses. These guidelines state that “generally, there is no need to examine the indirect effects of a proposed rule or amendment on entities outside of an agency’s regulatory jurisdiction.” The guidelines state that an agency need only consider a proposed rule or amendment’s “direct adverse economic impacts” to small businesses and micro-businesses to determine if any further analysis is required. The guidelines also list examples of the types of costs that may result in a “direct economic impact.” Such costs may include costs associated with additional recordkeeping or reporting requirements; new taxes or fees; lost sales or profits; changes in market competition; or the need to purchase or modify equipment or services.

        The department has determined that the amendment as proposed could affect small businesses, micro-businesses, or rural communities, as it establishes a $25 fee for a replacement commercial gulf shrimp unloading license. The commercial gulf shrimp unloading license authorizes persons who are not licensed to shrimp in Texas waters to unload shrimp caught in other waters at Texas ports, which has not been permitted until this time; therefore, the department has no data, historical or otherwise, upon which to base an estimate of how many small or microbusinesses will be affected. For purposes of this analysis, the department will assume that all purchasers of the commercial gulf shrimp unloading licenses are a small or microbusiness. Based on the historical issuance rate of replacement licenses for other shrimping licenses, the department estimates that the proposed amendment would affect approximately 12 small or microbusinesses per year. The department also notes, however, that in the absence of a replacement fee, a license that is lost, stolen, or destroyed must be replaced at the $1,485 value established by statute. Therefore, the proposed amendment if adopted would provide a cost-effective solution to the dilemma of lost, destroyed, or stolen licenses.

        The proposed amendment will have no effect on rural communities.

        The department considered several alternatives to achieve the goals of the proposed amendment while reducing potential adverse impacts on small and micro-businesses and persons required to comply.

        One alternative was to issue replacement commercial gulf shrimp unloading licenses at no cost. This alternative was rejected because it would be unfair to those who must pay a fee to obtain replacements for other license types, and because eliminating the fee for replacement of other license types to create parity would result in adverse fiscal impacts to the department.

        Another alternative considered was to proceed status quo, which was rejected because the holder of a commercial gulf shrimp unloading license then would be forced to purchase a new license at a cost of $1,485 in the event that a license was lost, stolen, or destroyed, which would also be unfair.

        A third alternative considered was to allow license holders whose license was lost, stolen, or destroyed to continue engaging in permitted activities and relying upon department records to verify licensure. This alternative was rejected because it would be cost-prohibitive to the department, as law enforcement personnel would have to board every vessel that appeared to be a shrimp boat and was not displaying a commercial shrimping license plate to determine if the boat was engaged in an activity for which the commercial gulf shrimp unloading license was required, and then, in the event that the license was purported to have been lost, stolen, or destroyed, to verify that a license had in fact been purchased.

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

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

        (F) 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 amendment.

        (G) The department has determined that because the amendment as proposed does not require a person to purchase a replacement commercial gulf shrimp unloading license, but instead merely offers a method to continue conducting a regulated activity in the event that a license is lost, stolen, or destroyed, it does not impose a cost on regulated persons, it is not necessary to repeal or amend any existing rule.

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

                 (1) not 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) create a new regulation (to provide for the replacement of the commercial gulf shrimp unloading license);

                 (5) neither increase nor decrease the number of individuals subject to regulation through time;

                 (6) expand, limit, or repeal an existing regulation; and

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

4. Request for Public Comment.

Work Session Item No. 13
Presenter: Don Kahl

Briefing
Briefing - Playa Lake Conservation Needs
May 23, 2018

I.      Executive Summary: Texas Parks and Wildlife Department (TPWD) staff will provide an update on playa conservation issues and efforts in the Texas Panhandle through the Texas Playa Conservation Initiative (TxPCI).

II.     Discussion: Of the approximately 80,000 playas found on the Great Plains of North America, approximately 23,000 are found in the High Plains and Rolling Plains of northwest Texas.  These ephemeral wetlands are closed watersheds, dependent upon runoff from heavy rain events for inundation.  A playa may be dry 9 out of every 10 years, but when wet these systems are diverse and highly productive for wildlife, and, in particular, for migrating and wintering waterfowl and shorebirds.  Playas also have a strong link to the Ogallala Aquifer, whose formation and health are dependent upon the playas at the surface.  Playas are points of focused recharge to the aquifer, with the rate of recharge in a playa being 10-100 times greater than surrounding upland areas.  Groundwater recharge through a healthy playa is of high quality, with the grass buffer that surrounds the playa and the clay soils of the playa floor helping to filter out potential contaminants, including nitrates, from the runoff.

Since settlement of the region in the late 19th century, the landscape of much of the playa region in Texas has greatly changed.  With changes in land use over the past century, the health of both playa wetlands and the Ogallala Aquifer are in jeopardy.  Through agricultural and residential use, the aquifer is being depleted at alarming rates.  Consequently, agricultural, transportation, and residential development have greatly altered the majority of the playas and their watersheds, reducing the rate of recharge for many while also jeopardizing water quality.  Current major threats to playas include siltation, pits, loss of grass buffers through intensive farming practices, and loss of Conservation Reserve Program acreage.

In 2015, the sense of approaching crisis shared by conservation agencies and organizations in the region led to the development of TxPCI.  A partner-driven conservation effort that includes TPWD, Playa Lakes Joint Venture, Ducks Unlimited, United States Fish and Wildlife Service, and Natural Resources Conservation Service, the TxPCI vision is to create an abundance of healthy playas throughout the region, to improve the quality and quantity of groundwater recharge through playas, and to provide quality wildlife habitat in playa wetlands to benefit producers, outdoor enthusiasts, and local communities.  Since inception, TxPCI has focused on playa restoration through backfilling of abandoned tail-water pits in grassed playas.  To date, the Texas Playa Conservation Initiative has completed 10 projects, restoring 400 playa wetland acres at a cost of $139,749.

Work Session Item No. 15
Presenter: Ann Bright
Brent Leisure

Rules for Special Events at TPWD Facilities
Request Permission to Publish Proposed Changes in the Texas Register
May 23, 2018

I.      Executive Summary: Texas Parks and Wildlife Department (TPWD) staff is seeking permission to publish a proposed rule amendment, 31 Texas Administrative Code §59.134(b), in the Texas Register to address the consumption or display of alcoholic beverages in connection with certain special events at State Parks.

II.     Discussion:  TPWD is approached periodically by persons and entities seeking to hold events at TPWD State Parks facilities to raise funds and support for TPWD. Some of these events would involve selling, serving, and openly consuming alcohol. Similarly, certain concessionaires may operate a restaurant or similar facility on a TPWD property; in some of those facilities, it may be appropriate to allow alcohol to be served. Current rules of conduct for State Parks do not clearly allow this type of activity.

TPWD staff will present a proposal that would allow selling, serving and openly consuming alcoholic beverages at TPWD State Parks facilities in connection with special events and by concessionaires in specific situations, subject to certain conditions and restrictions.

Work Session Item No. 15
Exhibit A

RULES FOR SPECIAL EVENTS AT TPWD FACILITIES
PROPOSED TEXT

31 Tex. Admin. Code §59.134(b)

Rules of Conduct in Parks

Alcoholic beverages.

            (1) Prohibition. Except as provided in paragraph (2) of this subsection, it [It] is an offense for any person to:

                        (A) consume or display an alcoholic beverage in a public place; or

                        (B) sell alcoholic beverages within a state park.

            (2) Exceptions. The provisions delineated in paragraph (1) of this subsection do not apply to an alcoholic beverage:

                        (A) consumed or displayed by an individual in accordance with the terms and conditions of a special event authorization issued by the director, so long as the special event is primarily for the benefit of the department;

                        (B) consumed or displayed by an individual within an area for which such consumption or display is authorized pursuant to a concession agreement or authorization issued by the director; or

                        (C) sold by a concessionaire under the terms and conditions of a concession agreement or special event authorization issued by the director, provided:

                                    (i) the alcoholic beverage is consumed or displayed within the areas and time frames authorized by the concession agreement or special event authorization; and

                                    (ii) the concessionaire is in compliance with all applicable state and local laws and requirements regarding the sale of alcoholic beverages, including, but not limited to possession of all necessary permits and licenses required for the sale of alcoholic beverages.

Work Session Item No. 21
Presenter: Bob Sweeney

(Executive Session Only)
Litigation Update
May 23, 2018

I.      Executive Summary:  Attorneys for the Texas Parks and Wildlife Department (TPWD) will update and advise the Texas Parks and Wildlife Commission regarding pending or anticipated litigation, including but not limited to 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. 
• Potential or pending litigation related to oysters, including but not limited to 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 as 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.
• Potential or pending litigation regarding disease in white-tailed deer, including but not limited to 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 Travis County District Court; and Labelleco Whitetail Ranch, Inc., and Ryan Merendino v. Carter Smith, Executive Director, Mitch Lockwood, Big Game Program Director and Texas Parks and Wildlife Department, Cause No. D-1-GN-18-001480, in Travis County District Court.

Work Session Item No. 22
Presenter: Bob Sweeney

(Executive Session and Work Session)
Exchange of Real Estate – Jefferson County
Approximately 120 Acres at the J.D. Murphree Wildlife Management Area
Permission to Begin the Public Notice and Input Process
May 23, 2018

I.      Executive Summary: Round Lake is a portion of the J.D. Murphree Wildlife Management Area (WMA) in Jefferson County near Port Arthur which is connected by canal to the rest of the WMA.  Port Arthur LNG, LLC (PALNG) (a subsidiary or affiliate of Sempra LNG) owns property that nearly surrounds Round Lake and intends to build and operate a new liquefied natural gas (LNG) export facility on this property.  To eliminate the Round Lake inholding, PALNG has approached Texas Parks and Wildlife Department (TPWD) about exchanging the Round Lake property for other property in the area.

II.     Discussion: The 24,498-acre J.D. Murphree WMA preserves a mosaic of tidal, intermediate, and freshwater wetlands including bayous, ponds, lakes, emergent marshes, salt meadows, and coastal prairie. The WMA is managed for its diversity of native wetland habitats and associated species such as alligators and waterfowl.  The location of the WMA within Texas is shown on Exhibit A.

Round Lake is a brackish, shallow (approximately 4 feet deep at its deepest), roughly circular impoundment of approximately 120 acres on the eastern edge of the WMA.  The location of Round Lake within the WMA is shown on Exhibit B.  The lake supports an assemblage of plants and animals typical for this habitat: banana water lily (Nymphaea Mexicana); coontail (Ceratophyllum demersum); widgeon grass (Ruppia maritima); canvasback (Aythya valisineria), blue-winged teal (Anas discors); other waterfowl and wading birds; and a robust population of American alligators (Alligator mississippiensis).  TPWD has water-only access to Round Lake and public use has been limited to youth alligator hunts in recent years.

PALNG proposes to exchange a significantly larger area of quality coastal wetland habitat for Round Lake. This exchange would eliminate a TPWD inholding that is almost completely surrounded by PALNG property earmarked for industrial development.  Staff recommends that the Texas Parks and Wildlife Commission consider exchanging Round Lake for a larger property that would provide superior habitat and public use values. Staff requests permission to begin the public notice and comment process in the event a suitable exchange can be agreed upon with PALNG.

Work Session Item No. 22
Exhibit A

Location Map for J.D. Murphree WMA in Jefferson County

Work Session Item No. 22
Exhibit B

Site Map for J.D. Murphree WMA in Jefferson County