Work Session

Wednesday, November 1, 2017
9:00 a.m.

Pitser Garrison Convention Center
Lufkin Room

Mailing Address:
601 N. Second St.
Lufkin, TX  75901
Lufkin Room

GPS Address:
601 N. Second St.
Lufkin, TX  75901

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

Approval of Previous Meeting Minutes from the Work Session held August 23, 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
    • TPWD Stocking Report
    • Publication of Proposed Rules to Implement Senate Bill 1289 - Relating to the purchase of iron and steel products made in the United States
    • CWD Update
  2. Financial

  3. Hurricane Harvey Update- Carter Smith
  4. Year End Revenues and Cash Balance Projections- Mike Jensen
  5. Nonprofit Partner Rules - Recommended Adoption of Proposed Changes - Kevin Good (Action Item No. 2) (Comment on this proposal)
  6. Natural Resources

  7. Coastal Management Area Classification and Conduct Rules - Recommended Adoption of Proposed Changes - Robin Riechers (Action Item No. 3) (Comment on this proposal)
  8. 2018-2019 Statewide Recreational and Commercial Fishing Proclamation Preview - Ken Kurzawski, Mark Lingo
  9. 2018-2019 Statewide Hunting Proclamation Preview - Shaun Oldenburger, Shawn Gray, Alan Cain
  10. Land Conservation

  11. Grant of Conservation Easement - Stephens County - Approximately 33 Acres at Palo Pinto Mountains State Park - Ted Hollingsworth (Action Item No. 4)
  12. Grant of Conservation Easement - Blanco County - Approximately 164 Acres at Pedernales Falls State Park - Ted Hollingsworth (Action Item No. 5) (Comment on this proposal)
  13. Grant of Water Line Easement - Walker County - Approximately .10 Acres at Huntsville State Park - Trey Vick (Action Item No. 6) (Comment on this proposal)
  14. Executive Session

  15. Update on Regulatory Litigation- Bob Sweeney (Executive Session Only)
    • Red Snapper
    • Oysters
    • Chronic Wasting Disease - Regulatory Authority - Ownership of Deer

Work Session Item No. 1
Presenter: Carter Smith

Work Session
TPWD Land and Water Resources Conservation and Recreation Plan
November 1, 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
Hurrican Harvey Update
November 1, 2017

I.    Executive Summary: Executive Director Carter Smith will brief the Texas Parks and Wildlife (TPW) Commission on the impacts of Hurricane Harvey and associated flooding to the Texas Parks and Wildlife Department (TPWD) staff and facilities.

II.   Discussion: In late August 2017, Hurricane Harvey hit the Texas coast, causing widespread and persistent rains, wind, flooding, and related tornado activity. Mr. Smith will update the Commission on TPWD’s response to this unprecedented disaster and the impacts to TPWD staff and facilities and to fish and wildlife resources.


Work Session Item No. 3
Presenter: Mike Jensen

Work Session
Year End Revenues and Cash Balance Projections
November 1, 2017

I.      Executive Summary:  Staff will summarize year-end revenue collections and review cash balance projections for the State Parks Account (Fund 64) and Game, Fish and Water Safety Account (Fund 9). 

II.     Discussion: Staff will update the Texas Parks and Wildlife Commission on state park, boat registration/titling, and license fee revenues collected by Texas Parks and Wildlife Department for Fiscal Year 2017.  Additionally, staff will provide a summary briefing and updated cash balance projections for Fund 9 (Game, Fish, and Water Safety) and Fund 64 (State Parks).


Work Session Item No. 6
Presenter: Ken Kurzawski, Mark Lingo

Work Session
2018-2019 Statewide Recreational and Commercial Fishing Proclamation Preview
November 1, 2017

I.      Executive Summary:  This item apprises the Texas Parks and Wildlife (TPW) Commission of potential changes to recreational and commercial fishing regulations for the 2018-19 season.

II.     Discussion:  Responsibility for establishing seasons, bag limits, and means and methods for taking freshwater and saltwater fisheries resources is delegated to the TPW Commission under Parks and Wildlife Code, Chapters 61 (Uniform Wildlife Regulatory Act), 66 (Fish), 67 (Nongame Species), 76 (Oysters), 77 (Shrimp), and 78 (Mussels, Clams, and Crabs).  The potential changes are based upon 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 fisheries resources of the state.

Attachments – 1

  1. Exhibit A – Potential Changes

Work Session Item No. 6
Exhibit A

Potential Changes to Fisheries Regulations 2017-2018

Inland Fisheries

  • As a result of an ongoing review of existing harvest regulations for largemouth bass, modify regulations on multiple locations including eliminating current exceptions to statewide regulations (locations would revert to statewide limits – 14-inch minimum length and five-fish daily bag) and modifying existing exceptions to statewide limits to more appropriate regulations.
  • Enact an 18-inch minimum length limit and 5-fish daily bag limit on Lake Lakewood, which was previously privately owned and is being acquired to become a Leander city park. 

Coastal Fisheries

  • Increase the daily bag limit for king mackerel in state waters to match the bag limit in federal waters.

Work Session Item No. 7
Presenter: Shaun Oldenburger
Shawn Gray
Alan Cain

Work Session
2018-2019 Statewide Hunting Proclamation Preview
November 1, 2017

I.      Executive Summary:  This item apprises the Texas Parks and Wildlife (TPW) Commission of potential changes to hunting regulations for the 2017-18 season.

II.     Discussion:  Responsibility for establishing seasons, bag limits, and means and methods for taking game animals and game birds is delegated to the TPW Commission under Parks and Wildlife Code, Chapter 61 (Uniform Wildlife Regulatory Act).   The potential changes are based upon 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.

Attachments – 1

  1. Exhibit A – Potential Changes

Work Session Item No. 7
Exhibit A

Potential Changes to Hunting Regulations 2018-2019

White-tailed Deer

  • Petition for Rulemaking Consideration: Imposition of uniform statewide closing date for general season;
  • Clarification of harvest regulations with respect to U.S. Forest Service, U.S. Army Corps of Engineers, and river authority lands. 

Mule Deer

  • Implementation of a 9-day season (no archery season) in Lynn County;
  • Experimental antler-restriction regulation in Briscoe, Hall, Childress, Floyd, Motley, and Cottle counties. 

Eastern Turkey

  • Closure of two additional counties during the spring Eastern Turkey hunting season.
  • Opening of spring Eastern Turkey hunting season one week later. 

Migratory Game Bird Regulations

  • Earlier opening day for regular dove season in the South Zone.
  • Increase in the daily bag limit on northern pintails to two birds.
  • Overview of new migratory game bird regulations process and potential changes as a result of federal action. 

Means and Methods   

  • Petition for Rulemaking Consideration: Legalization of “airbows” and big-bore air rifles for take of game animals.

Work Session Item No. 11
Presenter: Bob Sweeney

(Executive Session Only)
Update on Regulatory Litigation
November 1, 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 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 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. 
  • Potential or pending litigation regarding disease in white-tailed deer, TPWD’s regulatory authority, and ownership of 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 the District Court of Travis County, Texas; and Recordbuck Inc. et al v. Texas Animal Health Commission et al, Cause No. D-1-GN-17-002092, in the District Court of Travis County, Texas.