Commission Meeting Agenda Item No. 2
Presenter: Les Casterline

Action
Approval of Recreational Fishing Reciprocity Agreement with Texas and Louisiana
January 26, 2023

I.      Executive Summary:  Staff requests approval of a reciprocal fishing license agreement with the State of Louisiana. The agreement allows certain residents of each state who hold valid fishing licenses in their state of residence or who are exempted from the license requirement entirely to fish in the state-regulated waters of the other state, and it provides reciprocity in shared boundary fresh waters for residents of either state who hold fishing guide licenses in their state of residence.

II.     Discussion:  The Texas Parks and Wildlife Commission (Commission) has enacted rules that waive fishing license requirements for non-resident individuals under the age of 17 years, and for non-resident individuals 65 years of age and older who are residents of Louisiana and who possess a Louisiana recreational fishing license. Under the provisions of Texas Parks and Wildlife Code, section 41.003, the Texas Parks and Wildlife Department (TPWD) Executive Director may negotiate for the Commission with the proper representatives of the State of Louisiana to allow reciprocal fishing on rivers and lakes that are shared boundary waters. Under Texas Parks and Wildlife Code, section 41.004, the Commission must approve a reciprocity agreement entered into under Texas Parks and Wildlife Code, section 41.003, for it to become effective.

The Louisiana Department of Wildlife and Fisheries (LDWF) and TPWD have previously entered into various agreements memorializing the non-resident license waivers and providing reciprocity for Texas residents. LDWF and TPWD recently agreed to enter into a single reciprocity agreement for recreational fishing licenses to replace the previous reciprocity agreements that were based on license types. This new agreement also grants reciprocity in shared boundary fresh waters for residents who hold freshwater fishing guide licenses in either state.

III. Recommendation:

The staff recommends that the Commission adopt the following motion:

“The Texas Parks and Wildlife Commission approves the agreement attached as

  Exhibit A.”

Commission Agenda Item No. 2
Exhibit A

RECIPROCAL RECREATIONAL FISHING LICENSE AGREEMENT BETWEEN THE STATE OF TEXAS AND THE STATE OF LOUISIANA

This Agreement made and entered into this 5th day of January, 2023, by and between the Louisiana Wildlife and Fisheries Commission ("Louisiana") and the Texas Parks and Wildlife Department ("Texas"), each acting by and through duly authorized officials,

WITNESSETH:

WHEREAS, the neighboring states of Louisiana and Texas each hold interests in fishery resources that are enjoyed by the citizens of these states, including the waters that form the common boundary between the two states, and

WHEREAS, it is in the best interests of the citizens of those states that licensing regulations for the shared boundary waters be consistent, and

WHEREAS, the parties hereto also desire to recognize reciprocal license agreements for juveniles and senior citizens when fishing in all waters of the reciprocating state, and

WHEREAS, non-residents from many parts of the country travel to the Louisiana-Texas border to enjoy the abundant fishery resources of the common boundary waters of that area, and

WHEREAS, those non-resident tourists contribute to the local economies of the area, and

WHEREAS, clear regulations regarding common boundary waters that are available to non-resident fishing license holders should provide for more compliance with the applicable laws, and

WHEREAS, Louisiana Revised Statutes 56:671 and 673 provide that the Louisiana Wildlife and Fisheries Commission may enter into reciprocal fishing license agreements, and may also enter into reciprocal agreements with the state of Texas pertaining to seasons, creel limits, and all other rules and regulations pertaining to fishing in waters forming the common boundary between Louisiana and Texas, and

WHEREAS, Texas Parks and Wildlife Code chapter 41 authorizes the Texas Parks and Wildlife Commission to enter into agreements with the State of Louisiana to allow reciprocal fishing and migratory waterfowl hunting on rivers and lakes on the common boundary between Texas and Louisiana.

NOW, THEREFORE, for and in consideration of the premises and the mutual benefits hereof, Texas and Louisiana contract as follows:

A. STATE-REGULATED WATERS (EXCEPT COMMON BOUNDARY WATERS)

1. Texas residents under 18 years of age may fish in all Louisiana waters without a license, provided their age can be established satisfactorily when checked by an enforcement agent.
2. Texas residents 65 years of age or older, possessing a valid Texas recreational fishing license may fish in all Louisiana waters.
3. Louisiana residents under 17 years of age may fish in Texas waters without a license, provided their age can be established satisfactorily when checked by an enforcement agent.
4. Louisiana residents 65 years of age or older, possessing a valid Louisiana recreational fishing license, may fish in all Texas waters.

B. COMMON BOUNDARY WATERS

1. DEFINING COMMON BOUNDARY WATERS
   1. For the purposes of this reciprocal agreement, common boundary waters are Caddo Lake proper, the Toledo Bend Lake project including the spillway outfall and the hydro power outfall channels below Toledo Bend Dam, Sabine Lake proper, and the main channel of the Sabine River where it forms the boundary between the states of Texas and Louisiana, but not including the waters of the Sabine River ship channel south of the line between Texas Point and Louisiana Point. Tributaries of the named common boundary waters are specifically not included as boundary waters. For purposes of this rule, tributary water bodies enter boundary waters at a line that runs from point to point across the mouth of the tributary water body. The Gulf of Mexico is not included in the common boundary waters.
2. RECREATIONAL
   1. Residents of Texas or Louisiana who meet the licensing requirements of their state may legally fish recreationally on all waters that form a common boundary between Texas and Louisiana inland from a line across Sabine Pass between Texas Point and Louisiana Point.
   2. Persons who have in their possession a Texas or Louisiana valid non-resident recreational fishing license may legally fish recreationally on all waters that form a common boundary between Texas and Louisiana inland from a line across Sabine Pass between Texas Point and Louisiana Point.
   3. Texas residents under 17 years of age may legally fish recreationally in common boundary waters without a recreational fishing license.
   4. Louisiana residents under 18 years of age may legally fish recreationally in common boundary waters without a recreational fishing license.
   5. Texas residents born prior to January 1, 1931 may legally fish recreationally in common boundary waters without a recreational fishing license provided their age can be established satisfactorily when checked by an enforcement agent.
3. FRESHWATER FISHING GUIDE (FOR-HIRE)
   1. Residents of Texas or Louisiana who have in their possession a valid resident freshwater fishing guide license issued from their respective state may legally guide recreational fishing expeditions on the portions of waters that form a common boundary between Texas and Louisiana inland of the I.H. 10 bridge.

C. GENERAL

1. Proof of age may be in the form of a birth certificate, driver’s license, or a military record which states age (or a photostatic copy of same).
2. This agreement applies only to sport fishing licenses and freshwater fishing guide licenses, and does not apply to any sport fishing activities that require specific recreational gear licenses in either state (e.g. crab traps, crawfish traps, etc.).
3. Other than the license privileges provided herein, the fishing regulations of the state in which the fishing occurs shall control.
4. This agreement supersedes the previous reciprocal agreements on recreational fishing licenses dated February 13, 1968, September 27, 1984 including undated amendment,
5. September 3, 1998, September 13, 1999, and April 25, 2001 (effective June 1, 2001).
6. This agreement shall remain in effect until ninety (90) days after it has been rescinded in writing by either the Louisiana Wildlife and Fisheries Commission or Texas Parks and Wildlife Department, or their successors.
7. The effective date of this reciprocal agreement will be February 1, 2023.

TEXAS PARKS AND WILDLIFE DEPARTMENT

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 26th day of January, 2023.