Commission Meeting Agenda Item No. 3
Presenters: Michael Tennant
Les Casterline

Action
2022-2023 Statewide Recreational and Commercial Fishing Proclamation
Recommended Adoption of Proposed Changes
March 24, 2022

I.      Executive Summary: The Texas Parks and Wildlife Department (TPWD) staff is seeking adoption of proposed changes to the Statewide Recreational and Commercial Fishing Proclamation. The proposed amendments consist of the following:

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 chapters 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 26, 2022, staff was authorized to publish the proposed rules in the Texas Register for public comment. The proposed rules appeared in the February 18, 2022 issue of the Texas Register (47 TexReg 730). 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 Texas Parks and Wildlife Commission adopt the following motion:

“The Texas Parks and Wildlife Commission adopts amendments to §§57.973, 57.974, 57.981, 57.992, and 57.1000, concerning the Statewide Recreational and Commercial Fishing Proclamation with changes as necessary to the proposed text as published in the February 18, 2022 issue of the Texas Register (47 TexReg 730).”

Attachment – 1

  1. Exhibit A – Proposed Rule

Commission Agenda Item No. 3
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, 57.974. 57.981, 57.992, and 57.1000, concerning the Statewide Recreational and Commercial Fishing Proclamation.

        The proposed amendment to §57.973, concerning Devices, Means and Methods, would rephrase a provision concerning sail lines in subsection (g)(15)(I). The provision as currently worded could be construed as to prohibit the use of a sail line at any time by a person who holds a commercial fishing license. The department has determined that the intent of the rule is to prohibit the use of sail lines for commercial purposes, not to prevent a commercial license holder from employing a sail line while fishing under a recreational license for personal non-commercial use.

        The proposed amendment to §57.974, concerning Reservoir Boundaries, would add boundary descriptions for two reservoirs (Lake Texoma and Sam Rayburn Reservoir), which is necessary to provide exact descriptions of the geographical areas to which harvest restrictions on those water bodies apply.

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

        The proposed amendment would alter the species information with respect to striped bass in subsections (c)(5)(B)(iv) and (d)(1)(D) to remove references to white bass and subspecies. The department has determined that the change more accurately represents the intent of the rules.

        The proposed amendment to §57.981 also would expand the boundaries of the area on the Oklahoma/Texas border in which the take of alligator gar is prohibited during spawning season (the month of May). Oklahoma now prohibits the take of alligator gar during the month of May on a statewide basis. The intent of the amendment is to harmonize Texas regulations for gar harvest with those in Oklahoma to mitigate to the extent possible any conflicts that could result in angler confusion and issues related to compliance and enforcement on boundary waters. The proposed amendment would prohibit the take of alligator gar from, and the possession of alligator gar while on, the Red River (including Lake Texoma) and all tributaries that drain directly or indirectly to the Red River on the Texas/Oklahoma border, in Cooke, Grayson, Fannin, Lamar, Red River, and Bowie counties during the month of May.

         The proposed amendment to §57.981 also would eliminate the exception to statewide harvest standards for walleye on Lake Texoma. Walleye have not been stocked in the lake since 1977, a self-sustaining population does not exist, and the department has determined that a viable sport fishery for walleye is not possible; therefore, the management exception is no longer needed.

        Additionally, the proposed amendment to §57.981 would alter subsection (d)(1)(C)(iii) to implement harvest rules for largemouth bass on Bois d’Arc Lake in Fannin County. Bois d’Arc Lake is a new impoundment and the department has determined that preservation of the largest, fastest growing largemouth bass in the new reservoir is an appropriate management strategy that will eventually maximize the quality of fishing over the lifespan of the reservoir. The proposed amendment would impose a 16-inch maximum length limit and create exceptions for temporary possession of 24-inch largemouth bass for submission to the department’s ShareLunker program. The proposed amendment also would simultaneously correct an error affecting largemouth bass harvest regulations on the nine water bodies also subject to the provisions of clause (iii). An external administrative error during the rulemaking process in 2020 inadvertently resulted in incorrect largemouth bass harvest regulations being indicated in the Texas Administrative Code for the affected waterbodies. The error has since been rectified on a temporary basis by the adoption of new §57.985, which will be repealed at a later date. The proposed amendment re-establishes a maximum length limit of 16 inches with a special provision for the temporary possession of largemouth bass 24 inches and larger for possible donation to the ShareLunker program.

        The proposed amendment to §57.981 also makes a clarification in subsection (d)(1)(G) to identify all the counties encompassed by Sam Rayburn Reservoir.

        Finally, the proposed amendment to §57.981 would eliminate exceptions to the statewide harvest regulations for red drum on Coleto Creek Reservoir in Goliad and Victoria counties and on Lake Fairfield in Freestone County. Red drum have not been stocked by the department in either reservoir since 2011 and surveys indicate red drum are no longer present in either lake, from which the department has concluded that red drum as a sport fishery is unsustainable.

        The proposed amendment to §57.992, concerning Bag, Possession, and Length Limits, would alter regulations for the commercial take of alligator gar on Lake Texoma, for the reasons set forth earlier in the discussion of the proposed amendment to §57.981 concerning recreational harvest of alligator gar on Lake Texoma. Additionally, the proposed amendment would clarify subsection (b)(4)(B) to identify all the counties encompassed by Sam Rayburn Reservoir.

        The proposed amendment to §57.1000, concerning Prohibited Transport of Live Nongame Fish, would add tributaries of the Red River in Grayson, Fannin, Lamar, Red River, and Bowie counties to the list of designated waters from which the transport of live nongame fish is prohibited. The proposed amendment is intended to prevent the spread of invasive carp species to additional Texas waters as a result of being transported live for use as bait. Invasive carp pose an existential threat to native fish populations and can be a potential hazard for boaters. Silver and bighead carp have been documented in the affected waters; therefore, the department believes it is prudent to act now to mitigate against future spread to additional water bodies.

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, with the exception of the amendment to §57.992, 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 amendment to §57.992, department data indicate that there is no commercial effort on Lake Texoma or the Red River involving alligator gar; therefore, there is no adverse impact to small businesses,  microbusinesses, or rural communities and therefore neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

        (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) 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:

                (1) neither create nor eliminate a government program;

                (2) not result in an increase or decrease in the number of full-time equivalent employee needs;

                (3) not result in a need for additional General Revenue funding;

                (4) not affect the amount of any fee;

                (5) not create a new regulation;

                (6) not limit or repeal an existing regulation, but will expand a regulation (by enlarging the area where alligator gar harvest is prohibited in May);

                (7) neither increase nor decrease the number of individuals subject to regulation; and

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

4. Request for Public Comment.

      Comments on the proposal may be submitted to Michael Tennant (Inland Fisheries) at (512) 389-8754, e-mail: michael.tennant@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) – (14) (No change.)

                         (15) Sail line. For use in salt water only.

                                  (A) – (H) (No change.)

                                  (I) No person may use a sail line for commercial purposes.[Sail lines may not be used by the holder of a commercial fishing license.]

                                  (J) – (K) (No change.)

                         (16) – (23) (No change.)

        §57.974. Reservoir Boundaries. Reservoir boundaries for daily bag, possession, and length limits.

                 (1) – (18) (No change.)

                 (19) Lake Texoma in Cooke and Grayson counties comprises all impounded waters of the Red River from the Denison Dam upstream to Sycamore Creek. 

                 (20)[(19)] Lake Travis in Burnet and Travis Counties comprises all impounded waters of the Colorado River from the Mansfield dam (Lake Travis dam) upstream to the Max Starcke dam (Lake Marble Falls dam) including the Pedernales River upstream to the Hammetts Crossing-Hamilton Pool Road bridge.

                 (21)[(20)] Purtis Creek State Park Lake in Henderson and Van Zandt Counties comprises all waters within the Purtis Creek State Park boundaries.

                 (22) Sam Rayburn Reservoir in Angelina, Jasper, Nacogdoches, Sabine, and San Augustine counties comprises all impounded waters of the Angelina River from the Sam Rayburn Dam upstream to the Union Pacific railroad bridge.

                 (23)[(21)] Toledo Bend Reservoir in Newton, Sabine, and Shelby counties comprises all impounded waters of the Sabine River from the Toledo Bend Reservoir Dam upstream to the Texas/Louisiana state line.

        §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) (No change.)

                                  (B) Bass:

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

                                          (iv) Striped and their hybrids [(including hybrids and subspecies)].

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

                                          (v) (No change.)

                                  (C) – (H) (No change.)

                                  (I) Gar, alligator.

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

                                          (iv) During May, no person shall [fish for,] take[,alligator gar from, or [seek to takepossess alligator gar while on, the Red River (including Lake Texoma) and all tributaries that drain directly or indirectly to the Red River on the Texas/Oklahoma border in Cooke, Grayson, Fannin, Lamar, Red River, and Bowie counties [in that portion of Lake Texoma encompassed within the boundaries of the Hagerman National Wildlife Refuge or that portion of Lake Texoma from the U.S. 377 bridge (Willis Bridge) upstream to the I.H. 35 bridge].         

                                          (v) – (vii) (No change.)

                                 (J) – (X) (No change.)

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

                         (1) Freshwater species.

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

                                  (C) Bass: largemouth

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

                                          (iii) Lakes Bellwood (Smith County), Bois d’Arc (Fannin County), Davy Crockett (Fannin County), Kurth (Angelina County), Mill Creek (Van Zandt County), Moss (Cooke), Nacogdoches (Nacogdoches County), Naconiche (Nacogdoches County), Purtis Creek State Park (Henderson and Van Zandt counties), and Raven (Walker).

                                                  (I) (No change.)

                                                  (II) Maximum length limit: 16 inches. [Minimum length limit: 12 inches.]

                                                  (III) It is unlawful to retain largemouth bass greater than 16 inches in length. Largemouth bass 24 inches or greater in length may be retained in a live well or other aerated holding device for purposes of weighing but may not be removed from the immediate vicinity of the lake. After weighing the bass must be released immediately back into the lake unless the department has instructed that the bass be kept for donation to the ShareLunker Program. 

                                          (iv) – (x) (No change.)

                                  (D) Bass: striped and[ white bass,] their hybrids[, and subspecies].

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

                                  (E) – (F) (No change.)

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

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

                                          (iii) Lakes Caddo (Harrison and Marion counties), Livingston (Polk, San Jacinto, Trinity, and Walker counties), Sam Rayburn (Angelina, Jasper, Nacogdoches, Sabine, and San Augustine counties [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) – (ix) (No change.)

                                  (H) – (I) (No change.)

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

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

                                  (K) Gar, alligator.

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

                                          (iv) During May, no person shall [fish for,] take[,alligator gar from, or [seek to takepossess alligator gar while on, the Red River (including Lake Texoma) and all tributaries that drain directly or indirectly to the Red River on the Texas/Oklahoma border in Cooke, Grayson, Fannin, Lamar, Red River, and Bowie counties [in that portion of Lake Texoma encompassed within the boundaries of the Hagerman National Wildlife Refuge or that portion of Lake Texoma from the U.S. 377 bridge (Willis Bridge) upstream to the I.H. 35 bridge].

                                  (L) – (N) (No change.)

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

                                          [(i) Daily bag limit: 5.]

                                          [(ii) Minimum length limit: 18.]

        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) – (III) (No change.)

                                                  (IV) Exceptions.

                                                           (-a-) Lakes Caddo (Harrison and Marion counties), Livingston (Polk, San Jacinto, Trinity, and Walker counties), Sam Rayburn (Angelina, Jasper, Nacogdoches, Sabine, and San Augustine counties [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-) – (-2-) (No change.)

                                                           (-b-) – (-c-) (No change.)

                                          (ii) (No change.)

                                  (C) – (E) (No change.)

                                  (F) Gar, alligator.

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

                                          (iv) During May, no person shall [fish for,] take[,alligator gar from, or [seek to takepossess alligator gar while on, the Red River (including Lake Texoma) and all tributaries that drain directly or indirectly to the Red River on the Texas/Oklahoma boundary in Cooke, Grayson, Fannin, Lamar, Red River, and Bowie counties [in that portion of Lake Texoma encompassed within the boundaries of the Hagerman National Wildlife Refuge or that portion of Lake Texoma from the U.S. 377 bridge (Willis Bridge) upstream to the I.H. 35 bridge].

                                          (v) – (vi) (No change.)

                                  (G) – (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

        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.

        §57.1000. Prohibited Transport of Live Nongame Fish. No person may leave a body of water listed in this section while in possession of a live nongame fish:

                 (1) the Red River and all tributary waters in Grayson, Fannin, Lamar, Red River, and Bowie counties below Lake Texoma downstream to the Texas/Arkansas border;

                 (2) – (3) (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