Work Session

Monday, November 9, 2020
9:30 a.m.

Texas Parks and Wildlife Department
Live audio and by teleconferencing

S. Reed Morian, Commission Chair
Carter Smith, Executive Director

Approval of the Previous Minutes from the Commission Work Session held August 26, 2020

Land and Water Plan

1. Update on the Texas Parks and Wildlife Department’s Progress in Implementing the Texas Parks and Wildlife Department Land and Water Resources Conservation and Recreation Plan – Carter Smith
   • Internal Affairs Update
   • Staff Recognition
   • Sunset Update
   • Rule Review
   • Chapter 57 – Fisheries
   • Chapter 58 – Oysters, Shrimp, and Finfish
   • Chapter 65 – Wildlife
   • Legislative Appropriations Request Fiscal Years 2022-2023
   • Guide Licensure Requirements
   • Justin Hurst Wildlife Management Area Addition
   • Fiscal Year 2020 Stocking Report

Financial

2. Internal Audit Update – Brandy Meeks
3. Designation of Nonprofit Partners – Brittney Zepeda (Action Item No. 1)
4. Rule Review – James Murphy
   1. Request Permission to Publish Proposed Changes in the Texas Register
      • Chapter 53 – Finance
      • Chapter 59 – Parks
      • Chapter 69 – Resource Protection
   2. Recommended Adoption of Proposed Changes and Completed Rule Review (Action Item No. 2)
      • Chapter 51 – Executive
      • Chapter 52 – Stocking Policy
      • Chapter 55 – Law Enforcement
      • Chapter 60 – Maintenance Reviews
      • Chapter 61 – Design and Construction

Natural Resources

5. Deer Breeder and Other Permitting Rules – Recommended Adoption of Proposed Changes – Mitch Lockwood (Action Item No. 3)
6. Statewide Oyster Fishery Proclamation – Temporary Closure of Oyster Restoration Areas in Galveston Bay and Aransas Bay – Recommended Adoption of Proposed Changes – Emma Clarkson (Action Item No. 4)
7. Exotic Harmful or Potentially Harmful Fish, Shellfish, and Aquatic Plants and Fee Rules – Recommended Adoption of Proposed Changes – Monica McGarrity (Action Item No. 5)
8. 2021-2022 Statewide Recreational and Commercial Fishing Proclamation Preview – Ken Kurzawski,
   Dakus Geeslin
9. 2021-2022 Statewide Hunting and Migratory Game Bird Proclamation Preview – Shawn Gray,
   Shaun Oldenburger,
   Alan Cain

Land Conservation

10. Grant of Pipeline Easement – Brazoria County – Approximately 30 Acres at the Justin Hurst Wildlife Management Area – Ted Hollingsworth (Work Session and Executive Session) (Action Item No. 6)
11. Acquisition of Land – Presidio County – Approximately 60 Acres at Chinati Mountains State Natural Area – Ted Hollingsworth (Work Session and Executive Session) (Action Item No. 7)
12. Acquisition of Land – Galveston County – Approximately 3.7 Acres at Galveston Island State Park – Ted Hollingsworth (Work Session and Executive Session) (Action Item No. 8)
13. Acquisition of Land – Marion County – Approximately 745 Acres at the Caddo Lake Wildlife Management Area – Ted Hollingsworth (Work Session and Executive Session) (Action Item No. 9)
14. Acquisition of Land – Bastrop County – Approximately 44 Acres at Bastrop State Park – Ted Hollingsworth (Work Session and Executive Session) (Action Item No. 10)

Executive Session

15. Litigation Update – James Murphy (Executive Session Only)
    • Oysters
    • Chronic Wasting Disease
    • Red Snapper

---

Work Session Item No. 1
Presenter: Carter Smith

Work Session
Update on the Texas Parks and Wildlife Department’s Progress in Implementing the Texas Parks and Wildlife Department Land and Water Resources Conservation and Recreation Plan
November 9, 2020

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 (Texas Parks and Wildlife Code section 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: Brandy Meeks

Work Session
Internal Audit Update
November 9, 2020

I.      Executive Summary: The staff will present an update on the Texas Parks and Wildlife Department (TPWD) Fiscal Year (FY) 2020 and 2021 Internal Audit Plans and ongoing or completed external audits.

II.     Discussion: The staff will provide an update on the TPWD FY 2020 and 2021 Internal Audit Plans, as well as a briefing of any external audits that have been recently completed or are ongoing.

---

Work Session Item No. 4-A
Presenter: James Murphy

Work Session
Rule Review
November 9, 2020

I. Executive Summary: With this item, the staff seeks permission to publish proposed changes to rules pursuant to the second stage of the quadrennial review of Texas Parks and Wildlife Department (TPWD) regulations required by the Texas Administrative Procedure Act. The proposed rulemaking would affect Title 31, Texas Administrative Code chapters 53 (Finance), 59 (Parks), and 69 (Resource Protection). II. Discussion: Under Texas Government Code section 2001.039, a state agency is required to review each rule under its jurisdiction at least once every four years. The review must include an assessment of whether the reasons for initially adopting a rule continue to exist. Notice of the proposed review must be published in the Texas Register for public comment. Following the review, rules must be re-adopted, adopted with changes, or repealed based upon the review. The TPWD rule review process is divided into three groups of chapters within the Texas Administrative Code that contain TPWD’s regulations. The process for each chapter occurs over three Texas Parks and Wildlife Commission (Commission) meetings. In the first meeting, the staff seeks permission to begin the rule review process and to publish notice of the rule review in the Texas Register. In the second meeting, the staff seeks permission to publish any proposed rule changes or repeals resulting from the rule review in the Texas Register for public comment. In the third meeting, the staff seeks adoption of proposed rule changes and adoption of the completed rule review (i.e., re-adoption of the remaining unchanged rules). At its August 26, 2020, Work Session meeting, the Commission authorized the staff to publish a Notice of Intent to Conduct Rule Review for the second group of chapters under review: Chapter 53 – Finance; Chapter 59 – Parks; and Chapter 69 – Resource Protection. The notice was published in the October 2, 2020 issue of the Texas Register (45 TexReg 7045). As a result of the rule review, the staff determined that non-substantive changes to Chapter 53 were necessary. The staff will provide a summary of any public comment received and apprise the Commission of any proposed changes in response to public comment.

---

Work Session Item No. 4-A
Exhibit A

LEGISLATIVE RULES REVIEW

CHAPTER 53. FINANCE

SUBCHAPTER F – BONDED TITLE FOR VESSELS/OUTBOARD MOTORS

PROPOSAL PREAMBLE

1. Introduction.

        The Texas Parks and Wildlife Department proposes an amendment to 53.100, concerning Bonded Title—Acceptable Situations. The proposed amendment would correct an inaccurate internal reference.

        The proposed amendments are a result of the department’s review of its regulations under the provisions of Government Code, §2001.039, which requires each state agency to review each of its regulations no less frequently than every four years and to re-adopt, adopt with changes, or repeal each rule as a result of the review.

2. Fiscal Note.

        Julie Aronow, Manager of Boat Titling, Registration and Marine Licensing, has determined that for each of the first five years that the rule as proposed is in effect, there will be  no fiscal implications to the department as a result of administering or enforcing the rule.

3. Public Benefit/Cost Note.

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

        (A) The public benefit anticipated as a result of enforcing or administering the proposed rule will be accurate rules.

        There will be no adverse economic effect on persons required to comply with the rule.

        (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.

        (C) The department has determined that proposed rule would result in no direct economic effect on any small businesses, micro-businesses, or rural community. Therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

        (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 rule 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 rule.

        (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 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 not create or 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 an existing fee; expand, limit, or repeal an existing regulation; not increase or 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 Julie Aronow at (512) 389-4860, e-mail: julie.aronow@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 amendment is proposed under the authority of Parks and Wildlife Code, §31.0465, which authorizes the department by rule to define acceptable situations in which certificates of title may be issued after the filing of a bond.

        The proposed amendments affect Parks and Wildlife Code, Chapter 31.

6. Rule Text.

        §53.100. Bonded Title—Acceptable Situations.

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

                 (c) The department shall not under any circumstances issue a bonded title if the applicant does not have any proof of payment, ownership transfer or other related documentation to support a claim of ownership, unless the vessel or outboard motor is determined to be abandoned, as defined by Parks and Wildlife Code, §31.003[(17)].

                 (d) (No change.)

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

        Issued in Austin, Texas, on

---

Work Session Item No. 4-A
Exhibit B

LEGISLATIVE RULES REVIEW

CHAPTER 53. FINANCE

SUBCHAPTER A – FEES

PROPOSAL PREAMBLE

1. Introduction.

        The Texas Parks and Wildlife Department proposes an amendment to 53.16, concerning Vessel, Motor, and Marine Licensing Fees. The proposed amendment would alter subsection (c) to eliminate an unnecessary word and clarify that a replacement marine dealer, manufacturer, or distributor’s card does not include a decal.  

        The proposed amendments are a result of the department’s review of its regulations under the provisions of Government Code, §2001.039, which requires each state agency to review each of its regulations no less frequently than every four years and to re-adopt, adopt with changes, or repeal each rule as a result of the review.

2. Fiscal Note.

        Julie Aronow, Manager of Boat Titling, Registration and Marine Licensing, has determined that for each of the first five years that the rule as proposed is in effect, there will be  no fiscal implications to the department as a result of administering or enforcing the rule.

3. Public Benefit/Cost Note.

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

        (A) The public benefit anticipated as a result of enforcing or administering the proposed rule will be rules that accurately reflect agency products available to the public.

        There will be no adverse economic effect on persons required to comply with the rule.

        (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.

        (C) The department has determined that proposed rule would result in no direct economic effect on any small businesses, micro-businesses, or rural community. Therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

        (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 rule 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 rule.

        (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 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 not create or 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 an existing fee; expand, limit, or repeal an existing regulation; not increase or 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 Julie Aronow at (512) 389-4860, e-mail: julie.aronow@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 amendment is proposed under the authority of Parks and Wildlife Code, §31.041, which authorizes the commission to establish rules concerning the issuance and price of validation cards; and §31.0412, which authorizes the commission to adopt rules regarding marine dealer, manufacturer, and distributor licenses.

        The proposed amendment affects Government Code, Chapter 31.

6. Rule Text.

        §53.16. Vessel, Motor, and Marine Licensing Fees.

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

                 (d) Marine dealer/distributor/manufacturer fees:

                         (1) – (5) (No change.)

                         (6) replacement [card] marine dealer, manufacturer, or distributor’s licensee validation card [(with decal)] — $11.

                 (e) – (f) (No change.)

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

        Issued in Austin, Texas, on

---

Work Session Item No. 4-A
Exhibit C

LEGISLATIVE RULES REVIEW

CHAPTER 53. FINANCE

SUBCHAPTER B – STAMPS

PROPOSAL PREAMBLE

1. Introduction.

        The Texas Parks and Wildlife Department proposes an amendment to §53.60, concerning Stamps. The amendment would eliminate the exemption from the upland bird stamp requirement for persons hunting under a nonresident spring turkey license and remove references to the collector’s edition stamp package. The exemption of nonresident spring turkey license holders from the upland game bird stamp requirement (and its precursor, the turkey stamp) has been in existence since at least the 1970s; however, department is unable to determine the original reason for the exemption. For that reason, and because there is no logical reason to continue the exemption, the department has concluded that the exemption should be eliminated.

        In 2015 the department discontinued the sale of the collector’s edition stamp package because sales had declined to the point that the product was no longer fiscally defensible.

        The proposed amendments are a result of the department’s review of its regulations under the provisions of Government Code, §2001.039, which requires each state agency to review each of its regulations no less frequently than every four years and to re-adopt, adopt with changes, or repeal each rule as a result of the review.

2. Fiscal Note.

        Justin Halvorsen, Acting Director of the Financial Resources Division, has determined that for each of the first five years that the rule as proposed is in effect, there will be fiscal implications to the department as a result of administering or enforcing the rule. The department estimates that requiring nonresident spring turkey license holders to obtain an upland game bird stamp will result in a revenue increase of approximately $34,780 per fiscal year, which was derived by taking the average annual sales of that license over the last five years (4,968) and multiplying that value by $7, which is the fee for the upland game bird license.

        There will be no fiscal implications for other units of state or local governments as a result of administering or enforcing the rule.

3. Public Benefit/Cost Note.

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

        (A) The public benefit anticipated as a result of enforcing or administering the proposed rule will be the elimination of unnecessary regulations and rules that accurately reflect agency products available to the public.

        There will be adverse economic effect on persons required to comply with the rule, namely to nonresidents who participate in spring turkey hunting, who will be required to purchase an upland game bird license at a fee of $7.

        (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.

        (C) The department has determined that proposed rule would result in no direct economic effect on any small businesses, micro-businesses, or rural community. Therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

        (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 rule 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 rule.

        (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 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 not create a government program but will eliminate the collector’s edition stamp package; 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 an existing fee; expand an existing regulation by requiring nonresident spring turkey hunters to obtain an upland game bird stamp, but will not otherwise limit or repeal an existing regulation; not increase or 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 Robert Macdonald at (512) 389-4775, e-mail: robert.macdonald@tpwd.texas.gov. Comments also may be submitted via the department’s website at http://www.tpwd.texas.gov/business/feedback/public_comment/.

5. Statutory Authority.

        The amendment is proposed under the authority of Parks and Wildlife Code, §11.056, which authorizes the department to issue editions of wildlife stamps; §43.202, which authorizes the department to issue other editions of the archery stamp that are not valid for hunting; §43.403, which authorizes the department to issue other editions of the saltwater sportfishing stamp that are not valid for fishing; §43.652, which authorizes the commission to exempt a  person or class of persons from the stamp requirements of Parks and Wildlife Code, Chapter 43, Subchapter S; §43.654, which authorizes the department to issue and sell a collector’s edition of the migratory or upland game bird stamps; and §43.804, which authorizes the department to issue a collectible freshwater fishing stamp.

        The proposed amendment affects Parks and Wildlife Code, Chapters 11 and 43.

6. Rule Text.

        §53.60. Stamps.

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

                 (c) Stamp Exemptions.

                         (1) (No change.)

                         [(2) All nonresident spring turkey hunting license holders are exempt from requirements for acquisition and possession of the upland game bird stamp.]

                         (2)[(3)] Youth license holders and lifetime resident hunting license holders are exempt from requirements for acquisition and possession of the following stamps:

                                  (A) – (C) (No change.)

                         (3)[(4)] All lifetime resident combination hunting and fishing license holders are exempt from requirements for acquisition and possession of the following stamps:

                                  (A) – (E) (No change.)

                         (4)[(5)] All lifetime resident fishing license holders are exempt from requirements for acquisition and possession of the following stamps;

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

                         (5)[(6)] All persons meeting the definition of a qualified disabled veteran under the provisions of Parks and Wildlife Code, §42.012(c), are exempt from the fees for the following stamps:

                                  (A) – (E) (No change.)

                         (6)[(7)] All Texas residents on active duty in the armed forces of the United States (including members of the Reserves and National Guard on active duty) are exempt from the fees for the following stamps:

                                  (A)  - (E) (No change.)

                         (7)[(8)]  Special fishing license holders are exempt from the requirements for acquisition and possession of the following stamps:

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

                         (8)[(9)] All one-day all-water fishing license holders are exempt from requirements for acquisition and possession of the following stamps:

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

                 (d) (No change.)

                 [(e) Collector’s edition stamp package.]

                         [(1) A collector’s edition stamp package shall consist of one each of the following stamps:]

                                  [(A) migratory game bird stamp;]

                                  [(B) upland game bird stamp;]

                                  [(C) nongame stamp;]

                                  [(D) archery stamp;]

                                  [(E) saltwater sportfishing stamp; and]

                                  [(F) freshwater fishing stamp.]

                         [(2) Stamps in the package are not valid for hunting or fishing.]

                         [(3) Fee for the package shall be $10 wholesale price and $20 retail price plus applicable sales tax.]

                 (f) (No change.)

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

        Issued in Austin, Texas, on

---

Work Session Item No. 8
Presenter: Ken Kurzawski,
Dakus Geeslin

Work Session
2021-2022 Statewide Recreational and Commercial Fishing Proclamation Preview
November 9, 2020

I.      Executive Summary:  With this item, the staff seeks to apprise the Texas Parks and Wildlife Commission (Commission) of potential changes to recreational and commercial fishing regulations for the 2021-2022 season.

II.        Discussion:  Responsibility for establishing seasons, bag limits, and means and methods for taking freshwater and saltwater fisheries resources is delegated to the Commission under Texas 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.

---

Work Session Item No. 8
Exhibit A

Potential Changes to Fisheries Regulations 2021-2022

Inland Fisheries

For the past two years, the Texas Parks and Wildlife Department  Inland Fisheries staff has worked to review current blue and channel catfish regulations to meet the goals of continuing to provide good angling, meeting current angler needs, and reducing the number of regulations. Potential changes will be discussed that could modify the current statewide regulations for blue and channel catfish and the staff will propose additional regulatory options that could be enacted to take advantage of catfish population characteristics that exist in selected waters around the state.

Coastal Fisheries

•    Aransas Bay Crab Trap Closed Area – Dating to 1965, “net-free zone” areas of Aransas Bay have been closed to the commercial and recreational use of crab traps. Specifically, this includes: areas 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.

Waterfront homeowners or other shore-based recreational anglers who wish to fish crab traps off private or public piers, docks, or bulkheads are currently unable to do so legally. Allowing these anglers to fish crab traps that are secured to piers, docks, and bulkheads would create some additional recreational opportunity while still avoiding conflicts and navigational hazards within the area. Potential changes that would allow the use of crab traps for recreational use only will be discussed.

---

Work Session Item No. 9
Presenter: Shawn Gray,
Shaun Oldenburger,
Alan Cain

Work Session
2021-2022 Statewide Hunting and Migratory Game Bird Proclamation Preview
November 9, 2020

I.      Executive Summary:  With this item, the staff seeks to apprise the Texas Parks and Wildlife Commission (Commission) of potential changes to hunting regulations for the 2021-2022 season.

II.        Discussion:  Responsibility for establishing seasons, bag limits, and means and methods for taking game animals and game birds is delegated to the Commission under Texas 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.

---

Work Session Item No. 9
Exhibit A

Potential Changes to Hunting Regulations 2021-2022

Deer

• Change proof-of-sex requirements to facilitate Chronic Wasting Disease (CWD) management strategies.

Pronghorn

• Terminate experimental buck pronghorn season in the northern Panhandle; and Expand the general season from nine to sixteen days.

Game Bird Regulations

• Establish concurrent seasons for chachalaca and quail;
• Close Eastern spring turkey season in Panola County;
• Implement mandatory reporting for spring hunting season in western one-gobbler counties;
• Alter wild turkey zone boundaries for consistency between fall and spring seasons in North and South zones;
• Add two days of opportunity in the Special White-winged Dove Area; and
• Present an overview of the migratory game bird regulations process and potential changes as a result of federal action.

General Provisions

• Define crossbow and add crossbow to the definition of lawful archery equipment; and
• Revise muzzleloader definition to allow for muzzleloaders in which the powder or preloaded cartridge with a primer and powder can be loaded through the breech, rather than the muzzle.

Law Enforcement

• Modify or eliminate special provisions regarding the possession and use of dogs to trail deer in ten East Texas counties.

---

Work Session Item No. 15
Presenter: James Murphy

Work Session
Litigation Update
November 9, 2020

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 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.

• Potential or pending litigation related to red snapper, including but not limited to State of Texas v. U.S. Department of Commerce, Civil Action No. 3:20-cv-00297, in United States District Court, Southern District of Texas, Galveston Division.