March 24-25, 2021, Commission Meeting Agenda

Work Session

Commission Agenda Items

January 20-21, 2021, Transcripts

 

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

Action
2021-2022 Statewide Recreational and Commercial Fishing Proclamation
Recommended Adoption of Proposed Changes
March 25, 2021

I.     Executive Summary:  With this item, the staff seeks adoption of proposed changes to the Statewide Recreational and Commercial Fishing Proclamation. The proposed amendments would:

Inland Fisheries

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 (PWC) chapters 61 and 67. Statutory authority to regulate commercial fisheries is delegated to the Commission under PWC 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 proposed 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 20, 2021, the staff was authorized to publish the proposed rules in the Texas Register for public comment.  The proposed rules appeared in the February 19, 2021 issue of the Texas Register (46 TexReg 1215). A summary of public comment on the proposed rules will be presented at the time of the hearing.

III.   Recommendation:  The staff recommends that the Commission adopt the proposed motion:

”The Texas Parks and Wildlife Commission adopts amendments to 31 TAC §§57.973, 57.981, and 57.992, concerning the Statewide Recreational and Commercial Fishing Proclamation, with changes as necessary to the proposed text as published in the February 19, 2021, issue of the Texas Register (46 TexReg 1215).”

Attachment – 1

  1. Exhibit A – Proposed Statewide Recreational and Commercial Fishing Proclamation

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 31 TAC §§57.973, 57.981, and 57.992, concerning the Statewide Recreational and Commercial Fishing Proclamation.

        The proposed amendment to 57.973, concerning Devices, Means, and Methods would allow the use of crab traps (for recreational purposes only) in certain waters in Aransas County where such use is currently prohibited. Within the described area, crab traps would be permitted only if securely tethered to a dock, pier, or bulkhead, and would not be allowed to be fished in open water. In 1965, the area described in the provisions of §57.973(g)(3)(J) was designated a “net-free zone” in which it was unlawful to set or drag any kind of net or seine except a minnow seine not exceeding 20 feet in length for taking bait. In addition, crab traps and trotlines were also prohibited in the “net-free zone.” Though the intent of the provision is not entirely clear today, it is likely that it was put in place to reduce or prevent user conflict between waterfront homeowners and commercial fishermen. Netting of fish has since been banned outright in the coastal waters of Texas, making the “net-free zone” superfluous; however, the specific prohibition of crab traps and trotlines has remained as an artifact. The department has determined that allowing some recreational opportunity for crabbing will have no negative impact on crabs or other resources in Aransas Bay. Therefore, the proposed amendment would allow up to three crab traps to be fished simultaneously for recreational purposes in the area described, provided the crab traps are secured to some sort of fixed object, such as a pier, dock, or bulkhead.

        In 2019, the department altered gear tag requirements for jug lines, minnow traps, perch traps, throwlines, and trotlines to facilitate the removal of abandoned fishing gear from public waters, stipulating that each type of gear must have the required floats and tags attached in order to be valid as lawful gear. The proposed amendment to §57.973 would alter those provisions to standardize language used to establish the required dimensions for floats and buoys, removing the word “diameter” and replacing it the word “width” in subsection (g)(9), (21), and (22) and replacing the word “height” with the word “length” in subsection (g)(11) and (12). The proposed amendment also would correct an inadvertent error in the specified buoy dimensions for minnow traps in subsection (g)(11), which should be three inches in width, not six inches in width.

        The proposed amendment to §57.981, concerning Bag, Possession, and Length Limits, consists of several actions.

        As a result of an extensive review of existing harvest regulations for blue and channel catfish, the department proposes several modifications to current regulations. The harvest management strategy for blue and channel catfish consists of a standard statewide bag limit and length limit that applies by default on all water bodies for which the rules do not provide a specific exception. The current statewide standard is a 12-inch minimum length limit and 25-fish daily bag limit (blue and channel catfish combined). Additionally, there are currently 11 categories of regulatory exceptions to the statewide standard, consisting of various combinations of daily bag limit, minimum length limit, and limitations on the number of fish in certain length classes that may be retained per day. The exceptions to the statewide standards are predicated on a combination of factors, including but not limited to the size of the reservoir, the characteristics of the catfish population in the reservoir, habitat quality, and the intensity and frequency of angling pressure.

        The proposed amendment to §57.981(c)(5)(C) would implement a new statewide standard harvest regulation, eliminate two categories of exceptions to the statewide standard, modify one exception to the statewide standard, and implement those categories of exceptions on affected reservoirs and stream segments as noted.

        The proposed new statewide standard harvest regulation would consist of a 25-fish daily bag limit, no minimum length limit, and a requirement that no more than 10 fish of 20 inches or larger could be retained per day. As a statewide standard harvest regulation, this provision would affect reservoirs and rivers where the department has determined that blue and/or channel catfish populations are thriving and where more restrictive regulations are not biologically appropriate. The effects of the removal of the minimum length limit are expected to be minimal, as most anglers prefer to harvest larger-sized fish. The retention restriction has the potential to increase numbers of larger-sized fish in some reservoirs.

        The current exception to the statewide standard harvest regulation in effect on Lake Tawakoni (Hunt, Rains, and Van Zandt counties) consists of a 25-fish daily bag limit, no minimum length limit, and a daily retention limit of not more seven fish 20 inches or longer and not more than two fish 30 inches or longer. The proposed amendment would modify this exception to provide for a daily retention limit of not more than five fish of 20 inches or longer and not more than one fish of 30 inches or longer. The reservoirs and stream segments where this exception is proposed for implementation are those where the population structure is believed to be capable of producing bigger fish in large numbers. The regulation is intended to direct harvest towards smaller, more abundant fish while protecting fish 20 inches in length and longer, which is expected to result in an increase in the abundance of fish 20 inches and longer, and especially, the abundance of fish 30 inches and larger. The department believes that the proposed modification would affect angling for blue catfish more than angling for channel catfish, as most of the larger fish in these populations are blue catfish.

        The current exception to the statewide standard harvest regulation in effect on Lakes Lewisville (Denton County), Richland-Chambers (Freestone and Navarro counties), and Waco (McLennan County) consists of a 25-fish daily bag limit and a prohibition on the retention of fish between 30 and 45 inches in length. The proposed amendment would eliminate this category of exception and the reservoirs where it is currently in effect would be placed under the modified exception proposed for implementation on Lake Tawakoni as discussed above.

        The current exception to the statewide standard harvest regulation in effect on Lakes Kirby (Taylor County) and Palestine (Cherokee, Anderson, Henderson, and Smith counties) consists of a daily bag and possession limit of 50 fish, no minimum length limit, and a retention limit of five fish 20 inches or longer per day. The proposed amendment would eliminate this category of exception and the reservoirs where it is in effect would be placed under the modified exception proposed for implementation on Lake Tawakoni as discussed above. 

        On Lakes Belton (Bell and Coryell counties), Bob Sandlin (Camp, Franklin, and Titus counties), Conroe (Montgomery and Walker counties), Hubbard Creek (Stephens County), Lavon (Collin County), and Ray Hubbard (Collin, Dallas, Kaufman, and Rockwall counties) the current statewide standard harvest regulation is in effect. The proposed amendment would implement the modified exception proposed for Lake Tawakoni on these reservoirs as well.

        On Lake Livingston (Polk, San Jacinto, Trinity, and Walker counties), the current regulatory exception to the statewide standard is a 12-inch minimum length limit and 50-fish daily bag limit (combined). The proposed amendment would replace it with a 50-fish daily bag limit and no minimum length limit, with the additional provision that no more than five fish of 30 inches or longer may be retained per day. The proposed amendment also would apply this exception on Lake Sam Rayburn (Jasper County), which is under the current statewide standard regulation. On these reservoirs, blue catfish populations are abundant, recruitment is stable, growth is optimal, and exploitation is low. The department believes that removing the minimum length limit, in conjunction with the retention limit on larger fish, will not result in negative population impacts and will distribute the harvest of larger fish to more anglers.

        The proposed amendment also would implement a new exception to the statewide standard on Lakes Braunig (Bexar County), Calaveras (Bexar County), Choke Canyon (Live Oak and McMullen counties), Fayette County (Fayette County), and Proctor (Comanche County), consisting of a 14-inch minimum length limit and a 15-fish daily bag limit (combined). Department investigations indicate that the affected reservoirs and river segments are experiencing comparatively limited spawning and recruitment and that excessive harvest is a possible problem. In these populations, reducing harvest and directing harvest to larger-sized individuals would benefit the catfish population structure. The department believes that few anglers would be affected by the reduced bag limit, but the proposed minimum length limit might impact some anglers.

        The proposed amendment to §57.981 also would alter provisions governing the recreational harvest of red snapper in federal waters (otherwise known as the Exclusive Economic Zone, or EEZ). Federal rulemaking based on the Gulf of Mexico Fishery Management Plan for Reef Fish Amendment 50 (A-F) created state-based management programs for the recreational angling in each state. Each state is authorized to establish seasons, and bag and size limits for red snapper harvested from federal and state waters. Texas state waters are open year around for recreational red snapper fishing; however, by federal action the federal waters are closed until June 1 of each year, and the bag limit is two fish with a 16-inch minimum length limit. The proposed amendment would clarify that red snapper caught in the EEZ during the period of time when federal waters are open for the recreational take of red snapper count as part of the bag limit established for the take of red snapper in Texas state waters.

        The proposed amendment to §57.992, concerning Bag, Possession, and Length Limits, would alter commercial regulations governing the take of blue and channel catfish as result of the department review of catfish management strategies referred to earlier in this preamble. The current rule establishes a statewide standard bag limit of 25 fish (both species combined) with a 14-inch minimum length limit. The proposed amendment would provide for three exceptions to the statewide standard harvest regulation. On Lakes Caddo (Harrison and Marion counties), Livingston (Polk, San Jacinto, Trinity, and Walker counties), Sam Rayburn (Jasper County), and Toledo Bend (Newton Sabine, and Shelby counties), and the Sabine River (Newton and Orange counties) from Toledo Bend dam to the I.H. 10 bridge, the proposed amendment would consist of a daily bag limit of 50 fish with a retention limit of not more than five fish 30 inches or longer. The bag limit is already 50 fish per day on all of the reservoirs except Lake Sam Rayburn, but all of the affected reservoirs are very large, exhibit high recruitment, and can sustain high levels of harvest with very low risk. Additionally, all the reservoirs and stream segments other than Lakes Livingston and Sam Rayburn are contiguous with Louisiana waters and the bag limits are similar in order to reduce confusion with respect to compliance and enforcement.

        The proposed amendment also would establish a commercial bag limit of five fish with no length or retention restrictions on lakes lying totally within a state park and community fishing lakes. These are typically small impoundments of 75 acres or less; thus there is little concern for negative population impacts.

        Finally, the proposed amendment would establish a daily bag limit of 25 fish in counties where the sale and purchase of catfish taken from public fresh water is allowed by statute under the provisions of Parks and Wildlife Code, §66.111. The department has determined that 25 fish per day per commercial license holder appropriately balances the interests of commercial and recreational anglers and will not result in depletion or waste of the resource.

        The proposed amendment to §57.992, concerning Bag, Possession, and Length Limits, would replace current provisions governing the commercial take of blue and channel catfish as a result of the department’s extensive review of catfish management strategies discussed earlier in this preamble. Under current rule, the harvest regulations for the take of blue and channel catfish under a commercial fishing license consist of a 25-fish daily bag limit and a 14-inch minimum length limit.

2. Fiscal Note.

        Robert Macdonald, Regulations Coordinator, 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. Macdonald also has determined that for each of the first five years that the rules as proposed are in effect:

        (A) The public benefit anticipated as a result of enforcing or administering the proposed rules will be the dispensation of the agency’s statutory duty to protect and conserve the 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 impact on small and microbusinesses and rural communities. Those guidelines state that an agency need only consider a proposed rule’s direct adverse economic impacts” to determine if any further analysis is required. 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 proposed rules other than those affecting commercial take of catfish regulate various aspects of recreational license privileges that allow individual persons to pursue and harvest public wildlife resources in this state and therefore do not directly affect small businesses, micro-businesses, or rural communities. Therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required. With respect to the proposed rules governing the take of catfish under commercial fishing licenses, the department has determined that most if not all licensees who catch and sell blue or channel catfish under a commercial fishing license qualify as small or microbusinesses. The department cannot provide an exact number of commercial anglers affected by the proposed rules because a commercial license is valid statewide and license holders are free to fish wherever commercial fishing is lawful; however, the department requires all commercial fisherman to report the location of catch and weight of catch by species. Based on the last five years of reporting data, the department estimates that 22 persons are engaged in commercial fishing activities on the affected reservoirs and river segments. The department has determined that any impacts to small and microbusinesses a result of the proposed rules will not be adverse and likely will be positive, as the rule, if adopted, will double the current bag limit. Although the proposed rule will limit the number of fish longer than 30 inches that can be retained, the increase in bag limit will more than offset any difference in total weight of catch. The department also notes that anecdotal evidence suggests commercial anglers target fish smaller than 30 inches in length because the market preference for catfish is smaller sized fish. There will be no impact on rural communities.

        (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 rules as proposed, if adopted, will neither create nor eliminate a government program; not result in an increase or decrease in the number of full-time equivalent employee needs; not result in a need for additional General Revenue funding; not affect the amount of any fee; create a new regulation (by implementing exceptions to the statewide standard harvest regulations for the harvest of catfish); not expand, limit, or repeal an existing regulation; neither increase nor decrease the number of individuals subject to regulation; and 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 http://www.tpwd.texas.gov/business/feedback/public_comment/.

5. Statutory Authority.

        The amendments are 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 game animals, game birds, or aquatic animal life in this state; the means, methods, and places in which it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; the species, quantity, age or size, and, to the extent possible, the sex of the game animals, game birds, or aquatic animal life authorized to be hunted, taken, or possessed; and the region, county, area, body of water, or portion of a county where game animals, game birds, or aquatic animal life may be hunted, taken, or possessed.

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

6. Rule Text.

        §57.973. Devices, Means and Methods.

                 (a) – (f) (No change.)

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

                         (1) – (2) (No change.)

                         (3) Crab trap. It is unlawful to:

                                  (A) – (I) (No change.)

                                  (J) fish a crab trap within 200 feet of a marked navigable channel in Aransas County; and in the water area of Aransas Bay within one-half mile of a line from Hail Point on the Lamar Peninsula, then direct to the eastern end of Goose Island, then along the southern shore of Goose Island, then along the eastern shoreline of the Live Oak Peninsula past the town of Fulton, past Nine Mile Point, past the town of Rockport to a point at the east end of Talley Island including that part of Copano Bay within 1,000 feet of the causeway between Lamar Peninsula and Live Oak Peninsula, except that a person for recreational purposes only may fish not more than three crab traps at one time, provided each crab trap is securely tethered to a fixed structure such as a dock, pier, or bulkhead;

                                  (K) [or] possess, use or place:

                                          (i) for recreational purposes, more than three crab traps in waters north and west of Highway 146 where it crosses the Houston Ship Channel in Harris County; or

                                          (ii) for commercial purposes, a crab trap in waters north and west of Highway 146 where it crosses the Houston Ship Channel in Harris County;

                                  (L) [(K)] remove crab traps from the water or remove crabs from crab traps during the period from 30 minutes after sunset to 30 minutes before sunrise;

                                  (M) [(L)] place a crab trap or portion thereof closer than 100 feet from any other crab trap, except when traps are secured to a pier or dock;

                                  (N) [(M)] fish a crab trap in public waters that is marked with a buoy made of a plastic bottle(s) of any color or size; or

                                  (O) [(N)] use or place more than three crab traps in public waters of the San Bernard River north of a line marked by the boat access channel at Bernard Acres.

                         (4) – (8) (No change.)

                         (9) Jugline. For use in fresh water only. Non-game fish, channel catfish, blue catfish and flathead catfish may be taken with a jugline. It is unlawful to use a jugline:

                                  (A) (No change.)

                                  (B) for commercial purposes that is not marked with an orange free-floating device that is less than six inches in length and three inches in width [diameter];

                                  (C) for non-commercial purposes that is not marked with a free-floating device of any color other than orange that is less than six inches in length and three inches in width [diameter]; and

                                  (D) (No change.)

                         (10) (No change.)

                         (11) Minnow trap (fresh water and salt water). It is unlawful to use a minnow trap that is not marked with a floating, visible buoy of any color other than orange that is not less than six inches in length [height] and three [six] inches in width. The buoy must have a gear tag attached. A gear tag is valid for 6 days after the date it is set out.

                                  (A) – (B) (No change.)

                         (12) Perch traps. For use in salt water only.

                                  (A) (No change.)

                                  (B) It is unlawful to fish a perch trap that:

                                          (i) – (ii) (No change.)

                                          (iii) is not marked with a floating visible orange buoy not less than six inches in length [height] and six inches in width. The buoy must have a gear tag attached. Gear tags are valid for 6 days after date set out.

                         (13) – (20) (No change.)

                         (21) Throwline. For use in fresh water only.

                                  (A) – (B) (No change.)

                                  (C) It is unlawful to use a throwline:

                                          (i) (No change.)

                                          (ii) for commercial purposes that is not marked by an orange float that is less than six inches in length and three inches in width [diameter]; and

                                          (iii) for non-commercial purposes that is not marked with a float of any color other than orange that is less than six inches in length and three inches in width [diameter].

                         (22) Trotline.

                                  (A) – (B) (No change.)

                                  (C) In fresh water, it is unlawful to use a trotline:

                                          (i) – (ii) (No change.)

                                          (iii) for commercial purposes that is not marked by an orange float that is less than six inches in length and three inches in width [diameter], and attached to end fixtures; and

                                          (iv) for non-commercial purposes that is not marked with a float of any color other than orange that is less than six inches in length and three inches in width [diameter] attached to each end fixture.

                                  (D) (No change.)

                         (23) (No change.)

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

        Issued in Austin, Texas, on

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

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

        §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) – (B) (No change.)

                                  (C) Catfish:

                                          (i) channel and blue (including hybrids and subspecies).

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

                                                  (II) No minimum [Minimum] length limit [: 12 inches].

                                                  (III) No maximum length limit.

                                                  (IV) It is unlawful to retain more than 10 channel and blue catfish, in the aggregate, of 20 inches or greater in length.

                                          (ii) – (iii) (No change.)

                                  (D) – (Q) (No change.)

                                  (R) Snapper.

                                          (i) (No change.)

                                          (ii) Red.

                                                   (I) Daily bag limit: 4.

                                                   (II) Minimum length limit: 15 inches.

                                                   (III) No maximum length limit.

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

                                                  (V) During the period of time when the federal waters in the Exclusive Economic Zone (EEZ) are open for the recreational take of red snapper: 

                                                           (-a-) the bag limit for red snapper caught in the EEZ is two, and the minimum length limit is 16 inches; and

                                                           (-b-) red snapper caught in the EEZ shall count as part of the bag limit established in subclause (I) of this clause.

                                           (iii) (No change.)

                                  (S) – (X) (No change.)

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

                         (1) Freshwater species.

                                  (A) – (F) (No change.)

                                  [(G) Catfish: blue. Lakes Lewisville (Denton County), Richland-Chambers (Freestone and Navarro counties), and Waco (McLennan County).]

                                          [(i) Daily bag limit: 25 (in any combination with channel catfish).]

                                          [(ii) Minimum length limit: 30-45-inch slot limit.]

                                          [(iii) It is unlawful to retain blue catfish between 30 and 45 inches in length. No more than one blue catfish 45 inches or greater in length may be retained each day.]

                                  (G)[(H)] Catfish: channel and blue catfish, their hybrids and subspecies.

                                          (i) (No change.)

                                          (ii) [Lake Livingston (Polk, San Jacinto, Trinity, and Walker counties).]

                                                  [(I) Daily bag limit: 50 (in any combination).]

                                                  [(II) Minimum length limit: 12 inches.]

                                          [(iii)] Trinity River (Polk and San Jacinto counties) from the Lake Livingston dam downstream to the F.M. 3278 bridge.

                                                  (I) – (III) (No change.)

                                          [(iv) Lakes Kirby (Taylor County) and Palestine (Cherokee, Anderson, Henderson, and Smith counties).]

                                                  [(I) Daily bag limit: 50 (in any combination).]

                                                  [(II) Minimum length limit: No limit.]

                                                  [(III) No more than five catfish 20 inches or greater in length may be retained each day.]

                                                  [(IV) Possession limit is 50.]

                                          (iii) [(v)] Lakes Caddo (Harrison and Marion counties), Livingston (Polk, San Jacinto, Trinity, and Walker counties), Sam Rayburn (Jasper County), and Toledo Bend (Newton Sabine and Shelby counties) and the Sabine River (Newton and Orange counties) from Toledo Bend dam to the I.H. 10 bridge.

                                                  (I) – (IV) (No change.)

                                          (iv) [(vi)] Lake Texoma (Cooke and Grayson counties) and the Red River (Grayson County) from Denison Dam to and including Shawnee Creek (Grayson County).

                                                  (I) – (III) (No change.)

                                          (v) [(vii)] Brushy Creek (Williamson County) from the Brushy Creek Reservoir dam downstream to the Williamson/Milam county line, Canyon Lake Project #6 (Lubbock County), North Concho River (Tom Green County) from O.C. Fisher Dam to Bell Street Dam, and South Concho River (Tom Green County) from Lone Wolf Dam to Bell Street Dam.

                                                  (I) – (II) (No change.)

                                          (vi) [(viii)] Community fishing lakes.

                                                  (I) — (II) (No change.)

                                          (vii) [(ix)] Lakes Bellwood (Smith County), Dixieland (Cameron County), and Tankersley (Titus County).

                                                  (I) – (II) (No change.)

                                          (viii) [(x)] Lakes Belton (Bell and Coryell counties), Bob Sandlin (Camp, Franklin, and Titus counties), Conroe (Montgomery and Walker counties), Hubbard Creek (Stephens County), Kirby (Taylor County), Lavon (Collin County), Lewisville (Denton County), Palestine (Cherokee, Anderson, Henderson, and Smith counties), Ray Hubbard (Collin, Dallas, Kaufman, and Rockwall counties), Richland-Chambers (Freestone and Navarro counties), [Lake]Tawakoni (Hunt, Rains, and Van Zandt counties), and Waco (McClennan).

                                                  (I) – (II) (No change.)

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

                                          (ix) Lakes Braunig (Bexar County), Calaveras (Bexar County), Choke Canyon (Live Oak and McMullen counties), Fayette County (Fayette County), and Proctor (Comanche County).

                                                  (I) Daily bag limit: 15 (in any combination).

                                                  (II) Minimum length limit: 14 inches.

                                  (H) [(I)] Catfish: flathead.

                                          (i) – (ii) (No change.)

                                  (I) [(J)] Crappie: black and white crappie their hybrids and subspecies.

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

                                  (J) [(K)] Drum, red. Lakes Braunig and Calaveras (Bexar County), Coleto Creek Reservoir (Goliad and Victoria counties), and Fairfield (Freestone County).

                                          (i) – (iii) (No change.)

                                  (K) [(L)] Gar, alligator.

                                          (i) – (iii) (No change.)

                                  (L) [(M)] Shad gizzard and threadfin. Trinity River below Lake Livingston (Polk and San Jacinto counties).

                                          (i) – (iii) (No change.)

                                  (M) [(N)] Sunfish: all species. Lake Kyle (Hays County).

                                          (i) – (iii)

                                  (N) [(O)] Trout: rainbow and brown trout (including hybrids and subspecies).

                                          (i) – (ii) (No change.)

                                  (O) [(P)] Walleye. Lake Texoma (Cooke and Grayson counties).

                                          (i) – (ii) (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 game animals, game birds, or aquatic animal life in this state; the means, methods, and places in which it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; the species, quantity, age or size, and, to the extent possible, the sex of the game animals, game birds, or aquatic animal life authorized to be hunted, taken, or possessed; and the region, county, area, body of water, or portion of a county where game animals, game birds, or aquatic animal life may be hunted, taken, or possessed.

        The proposed amendment affects 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) (No change.)

                                  (B) Catfish.

                                          (i) channel and blue (including hybrids and subspecies). The provisions of subclauses (I) – (III) of this clause apply on all waters for which an exception is not provided under subclause (IV) of this clause.

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

                                                  (II) Minimum length limit: 14 inches.

                                                  (III) No maximum length limit.

                                                  (IV) Exceptions.

                                                           (-a-) Lakes Caddo (Harrison and Marion counties), Livingston (Polk, San Jacinto, Trinity, and Walker counties), Sam Rayburn (Jasper County), and Toledo Bend (Newton Sabine, and Shelby counties), and the Sabine River (Newton and Orange counties) from Toledo Bend dam to the I.H. 10 bridge.

                                                                   (-1-) 50 (in any combination).

                                                                   (-2-) No more than five catfish 30 inches or greater in length may be retained each day.

                                                           (-b-) Any lake lying totally within a state park and community fishing lakes: 5 (in any combination).

                                                           (-c-) Counties where sale and purchase of catfish taken from public fresh water is allowed under the provisions of Parks and Wildlife Code, §66.111(b)(5): 25 (in any combination).

                         (ii) (No change.)

                                  (C) – (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