Commission Meeting Agenda Item No. 1
Presenter: James Murphy

Action
Edwards Aquifer Habitat Conservation Plan Stakeholder Committee Appointment
Delegation of Authority to the Executive Director
March 24, 2022

I.      Executive Summary:  Texas Parks and Wildlife Department (TPWD) staff recommends that authority be delegated to the Executive Director to appoint a recreational interest member to the Edwards Aquifer Habitat Conservation Plan Stakeholder Committee (EAHCP Committee).

II.     Discussion:  In 2007, Senate Bill 3 of the 80th Texas Legislature required that the Edwards Aquifer Authority along with many interested stakeholders, including TPWD, develop a Recovery Implementation Program (RIP) for the federally listed threatened and endangered species associated with the Edwards Aquifer. The legislation directed the use of a facilitated, consensus-based process guided by a 21-member steering committee.  TPWD was named as a member of the steering committee, and the Texas Parks and Wildlife Commission (Commission) was required to appoint a member to serve as a representative of recreational interests in the Guadalupe River Basin.  The RIP was directed to work cooperatively to develop a program document to protect species while allowing regional water development. Resolving decades of litigation and other disputes, the RIP successfully developed a Habitat Conservation Plan (HCP) that was approved by the U.S. Fish and Wildlife Service in 2013.  The HCP and related Funding and Management Agreement required the continuing governance of a stakeholder committee, with member appointments to be made using the same process as outlined in Senate Bill 3.  Many RIP steering committee members, including the recreational interest member appointed by the Commission in 2007, elected to continue their roles with the subsequent EAHCP Committee.

The EAHCP Committee recreational interest member resigned in December 2020.  Rather than require the Commission to conduct the search for and appoint the recreational interest member now and for future vacancies, TPWD staff, as supported by the EAHCP program management, recommends that the appointment authority be delegated to the Executive Director. This would simplify and shorten the appointment process to seat a critically important Committee member and would avoid lengthy vacancy periods.  TPWD staff maintains relationships with many individuals with the requisite skills and qualifications to serve and can assist the Executive Director in the appointment process.

III.   Recommendation:  The staff recommends the Texas Parks and Wildlife Commission adopt the following motion:

“The Texas Parks and Wildlife Commission adopts the Resolution attached as 
  Exhibit A.”

Commission Agenda Item No. 1
Exhibit A

A Resolution by the Texas Parks and Wildlife Commission Regarding the
Appointment to the Edwards Aquifer Habitat Conservation Plan Stakeholder
Committee by the Executive Director

Resolution

        Whereas, Senate Bill 3 of the 80th Texas Legislature created the Edwards Aquifer Recovery Implementation Program (RIP) for the federally listed threatened and endangered species associated with the Edwards Aquifer; and

        Whereas, Senate Bill 3 directed the use of a facilitated, consensus-based process guided by a 21-member steering committee, named Texas Parks and Wildlife Department (TPWD) as a member of the steering committee, and required the Texas Parks and Wildlife Commission (Commission) to appoint a member to serve as a representative of recreational interests in the Guadalupe River Basin; and

        Whereas, the RIP was directed to work cooperatively to develop a program document to protect species while allowing regional water development, and the RIP successfully developed a Habitat Conservation Plan (HCP) that was approved by the U.S. Fish and Wildlife Service in 2013; and

        Whereas, the HCP and its related Funding and Management Agreement required the continuing governance of a stakeholder committee, with member appointments to be made using the same process as outlined in Senate Bill 3; and

        Whereas, many RIP steering committee members, including the recreational interests member appointed by the Commission in 2007, elected to continue their roles with the subsequent Edwards Aquifer Habitat Conservation Plan Stakeholder Committee; and

        Whereas, the EAHCP Committee recreational interests member resigned in December 2020; and

        Whereas, delegating authority to the TPWD Executive Director to appoint the recreational interests member to the EAHCP Committee would simplify and shorten the appointment process to seat a critically important member and would avoid lengthy vacancy periods; and

        Whereas, TPWD staff maintains relationships with many individuals with the requisite skills and qualifications to serve as the recreational interests member and can assist the Executive Director in the appointment process; and

        Whereas, pursuant to Texas Parks and Wildlife Code section 11.011, the Texas Parks and Wildlife Department is under the policy direction of the Commission; and

        Whereas, the Commission finds that delegating authority to the Executive Director to appoint the recreational interests member to the Edwards Aquifer Habitat Conservation Plan Stakeholder Committee is in the best interest of the Commission and TPWD; and,

        Now, therefore, the Texas Parks and Wildlife Commission authorizes the Executive Director to appoint a member to the Edwards Aquifer Habitat Conservation Plan Stakeholder Committee to serve as a representative of recreational interests in the Guadalupe River Basin whenever a vacancy occurs.

In official recognition of the adoption of this resolution in a lawfully called public meeting of the Texas Parks and Wildlife Commission, we hereby affix our signatures this 24^th day of March 2022.