Work Session

Wednesday, January 25, 2023
9:00 a.m.

Texas Parks and Wildlife Department
Commission Hearing Room
4200 Smith School Road
Austin, TX 78744

Arch “Beaver” Aplin, III, Commission Chair
David Yoskowitz, Ph.D., Executive Director

Approval of the Previous Minutes from the Commission Work Session held November 2, 2022

    Land and Water Plan

  1. Update on the Texas Parks and Wildlife Department’s (TPWD’s) Progress in Implementing the Texas Parks and Wildlife Department Land and Water Resources Conservation and Recreation Plan – David Yoskowitz, Ph.D.
    • Internal Affairs Update
    • Staff Recognition
    • Recovering America’s Wildlife Act Update
    • Lesser Prairie Chicken Endangered Species Act Listing
    • 2022 TPWD Volunteer Management Conference
    • TPWD’s Accessibility Outreach Initiatives
    • Legislative Update
  2. Financial

  3. Financial Overview – Reggie Pegues
  4. Internal Audit Update – Brandy Meeks
  5. Natural Resources

  6. 2023-2024 Statewide Recreational and Commercial Fishing Proclamation – Request Permission to Publish Proposed Changes in the Texas Register – Michael Tennant, Dakus Geeslin
  7. 2023-2024 Migratory Game Bird Proclamation – Request Permission to Publish Proposed Changes in the Texas Register – Shaun Oldenburger
  8. Approval of Recreational Fishing Reciprocity Agreement with Texas and Louisiana – Les Casterline (Action Item No. 2)
  9. Fishing Guide License Rules – Request Permission to Publish Proposed Changes in the Texas Register – Les Casterline
  10. Briefing – Chronic Wasting Disease (CWD) Management – Potential Regulatory Strategies – Mitch Lockwood
  11. Briefing – Survey of Employee Engagement – Matt Kennedy
  12. Briefing – Fairfield Lake State Park – Rodney Franklin (Work Session and Executive Session)
  13. Executive Session

  14. Litigation Update – James Murphy (Executive Session Only)

Work Session Item No. 1
Presenter: David Yoskowitz, Ph.D.

Work Session
Update on the Texas Parks and Wildlife Department’s (TPWD’s) Progress in Implementing the Texas Parks and Wildlife Department Land and Water Resources Conservation and Recreation Plan
January 25, 2023

I.      Executive Summary: Executive Director David Yoskowitz, Ph.D. 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. Every five years, TPWD is statutorily required to evaluate its progress toward achieving the plan’s goal and objectives.  David Yoskowitz, Ph.D. 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: Reggie Pegues

Work Session
Financial Overview
January 25, 2023

I.      Executive Summary:  Staff will present a financial overview of the Texas Parks and Wildlife Department (TPWD).

II.     Discussion: Staff will update the Texas Parks and Wildlife Commission on state park, boat registration and titling, and license fee revenues collected by TPWD for Fiscal Year (FY) 2022 and for year-to-date FY 2023.  Staff will also summarize recent budget adjustments for FY 2023.


Work Session Item No. 3
Presenter: Brandy Meeks

Work Session
Internal Audit Update
January 25, 2023

I.      Executive Summary: Staff will present an update on the Texas Parks and Wildlife Department (TPWD) Fiscal Year (FY) 2022 and FY 2023 Internal Audit Plans, provide an update on ongoing or completed external audits, and present the Audit Subcommittee Charter.

II.     Discussion: Staff will provide an update on the TPWD FY 2022 and 2023 Internal Audit Plans, provide an update on ongoing or completed external audits, and present the Audit Subcommittee Charter.


Work Session Item No. 4
Presenters: Michael Tennant
Dakus Geeslin

Work Session
2023-2024 Statewide Recreational and Commercial Fishing Proclamation
Request Permission to Publish Proposed Changes in the Texas Register
January 25, 2023

I.      Executive Summary: Staff seeks permission to publish proposed changes to the Statewide Recreational and Commercial Fishing Proclamation in the Texas Register for public comment.

II.     Discussion: Responsibility for establishing seasons, bag limits, and means and methods for taking freshwater and saltwater fisheries resources for recreational purposes is delegated to the Texas Parks and Wildlife Commission (Commission) under Texas Parks and Wildlife Code chapters 61 (Uniform Wildlife Regulatory Act) and 67 (Nongame Species). Statutory authority to regulate commercial fisheries is delegated to the Commission under Texas Parks and Wildlife Code chapters 47 (Commercial Fishing Licenses) and 66 (Fish and Aquatic Plants).  The proposed changes are based upon statutory requirements and Commission policy, including scientific investigation and required findings of fact where applicable, and suggestions from the public. 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. The proposed amendments consist of the following:

Inland Fisheries

Coastal Fisheries

Attachment – 1

  1. Exhibit A – Statewide Recreational and Commercial Fishing Proclamation

Work Session Item No. 4
Exhibit A

STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION

PROPOSAL PREAMBLE

1. Introduction.

        The Texas Parks and Wildlife Department proposes the repeal of §57.985 and amendments to 31 TAC §§57.971-57.974, 57.981, and 57.992, concerning the Statewide Recreational and Commercial Fishing Proclamation.

        The proposed repeal of §57.985, concerning Largemouth Bass — Special Bag, Possession, and Length Limits, is necessary to rescind what was, in effect, a temporary regulation and is no longer necessary because its provisions are now contained in §57.981(d)(1)(C)(iii).

        The proposed amendment to §57.971, concerning Definitions, would alter the definition for “community fishing lake” and add new definitions for “descending device” and “venting tool.” The alteration to the definition of community fishing lake would replace the term “public park” with the phrase “municipal, city, county, or state park” to exclude federal parklands (which are not regulated by the department) and to clarify that the provisions of the subchapter with respect to angling on community fishing lakes apply to waterbodies at all levels of political jurisdiction within the state.

        The proposed amendment also would define “descending device” and “venting tool.” Federal law (50 CFR Part 622) requires anglers on commercial vessels, charter vessels and headboats (for-hire vessels), and private recreational vessels to have a descending device or venting tool rigged and ready to use when fishing for Gulf reef fish in federal waters, which is intended to reduce release mortality caused by barotrauma (the lethal expansion of gases inside a fish when it is caught at depth and quickly brought to the surface). The proposed amendment to §57.972, concerning General Rules, would require a descending device or venting tool be rigged, present, and ready for use while fishing for reef fish, and be deployed when returning reef fish to the water; thus, the terms must be defined for purposes of compliance and enforcement.

        The proposed amendment to §57.973, concerning Devices, Means and Methods, would consist of several actions.

        Several components of this proposed rulemaking would affect harvest regulations on community fishing lakes (CFLs). CFLs are currently defined as “all public impoundments 75 acres or smaller located totally within an incorporated city limits or a public park, and all impoundments of any size lying totally within the boundaries of a state park.” Because the overwhelming majority of CFLs are proximally located to urban and suburban environments, the department believes they are an ideal “gateway” to the angling experience for the uninitiated and curious public. The department wishes to encourage new participants to the angling experience and believes that making the experience less intimidating/confusing is crucial to that goal. Therefore, the proposed amendments in concert would result in a single harvest regulation applicable on all CFLs (with certain specific exceptions based on management goals on specific lakes), which the department believes will make the angling experience less daunting to those unfamiliar with it as well as making compliance and enforcement easier for all concerned.  Historically, the department has treated virtually all state park lakes, irrespective of size, as CFLs. The proposed CFL rules would result in harvest regulations on several lakes associated with certain state parks no longer being under CFL rules (because of their size); however, the department wishes to retain certain restrictions governing means and methods (restriction of method of take to pole-and-line only, limitation to not more than two taking devices per angler) on those water bodies, which is necessary, given high angling pressure typical on those water bodies, to equitably distribute angling opportunity and reduce user conflicts. Therefore, those state park water bodies must be identified for those restrictions to apply, which is accomplished by proposed new subsection (b)(4) and the proposed amendment to subsection (c)(2).

        The proposed amendment would remove Gibbons Creek Reservoir in Grimes County from special gear restriction rules because the Texas Municipal Power Authority, which owns the land surrounding Gibbons Creek Reservoir, no longer allows public access to the reservoir. Therefore, the special restrictions are no longer necessary since the high angling pressure that originally necessitated them will be greatly reduced.

        The proposed amendment to §57.974, concerning Reservoir Boundaries, would add boundary descriptions for two reservoirs, correct an inaccurate boundary description, and remove the boundary description for one reservoir. In cases where harvest regulations on a stream are different from those on a reservoir created by impounding the stream, angler confusion can occur; therefore, boundary descriptions are necessary to specifically delineate the physical point separating the differential harvest rules. The proposed amendment would add boundary descriptions for Choke Canyon Reservoir in Live Oak and McMullen counties and O. H. Ivie Reservoir in Concho, Coleman, and Runnels counties, correct an erroneous roadway description in the boundary for Lake Conroe in Montgomery and Walker counties, and eliminate the description for Gibbons Creek Reservoir in Grimes County for reason discussed earlier in this preamble.

        The proposed amendment to §57.981, concerning Bag, Possession, and Length Limits, consists of several actions. As indicated earlier in this preamble, one aspect of this proposed rulemaking is the implementation of a single harvest regulation on CFLs. Under current rule, harvest regulations on CFLs consist of the statewide standards for various species and numerous special exceptions. The proposed amendment would create new subsection (d)(2) to implement a bag limit of five fish, all species combined, to include not more than one black bass of greater than 14 inches in length. By imposing a standard bag limit, the department intends to make angling opportunity less intimidating for those who are curious or simply wish to engage in angling activity during a park visit. Because CFLs are routinely stocked by the department, fish population and population structure management are less complicated than on much larger waterbodies. In this context, the proposed bag limit for CFLs is more a matter of equitable distribution of angling opportunity than of concrete management goals for fish populations. As mentioned earlier in this preamble, the revised definition of CFLs would exclude larger waterbodies associated with state parks; therefore, various portions of current rules must be altered to address harvest management on those waterbodies, in particular, various special exceptions in current rules for largemouth bass and blue and channel catfish. Current subsection (d)(1)(G)(v)-(vii) must be eliminated to accommodate the new CFL standards, although the department notes that special exceptions for blue and channel catfish on lakes Bellwood (Smith County) and Tankersley (Titus County) would be eliminated and the statewide standard catfish harvest rules would apply on those waterbodies. Current special exceptions for largemouth bass would be removed on Lake Bright, Cleburne State Park, Meridian State Park, Rusk State Park, Buescher State Park, and Lake Lakewood. Finally, the proposed amendment would impose the CFL bag limits on seven waterbodies that are not CFLs, but which department biologists believe, based on angling pressure and population data, are best managed under that standard. Lakes Abilene, Raven, and Sheldon would be added to the exceptions for blue and channel catfish because they are state park lakes that would no longer be managed as CFLs.

        Under current rule, largemouth bass on Lake Nasworthy in Tom Green County are managed under a special exception to the statewide standard, which consists of a 14- to 18-inch slot length limit. Fisheries data at Lake Nasworthy indicate that no change in largemouth bass abundance, size structure, or growth resulted from the implementation of the slot length limit. Harvest is low and the harvest of additional largemouth bass less than 14 inches is needed to restructure the population. Therefore, the proposed amendment would remove the special exception and harvest regulations would revert to the statewide standard.

        The proposed amendment also would implement a catch-and-release restriction for harvest of largemouth bass on Lake Forest Park in Denton County. The lake has been undergoing renovation activities including dam replacement, silt removal, fish habitat improvements, and fish stocking. The catch-and-release restriction is intended to protect the initial year-classes of stocked largemouth bass to develop into a quality, self-sustaining population.

        Additionally, what was previously known as the Bedford Boys Ranch Lake in Tarrant County has been renamed; therefore, the proposed amendment would reflect that fact. The new name is Generations Park.

        As mentioned previously in this preamble, the proposed amendments would result in the removal of exceptions to the statewide harvest regulations that are specific to Gibbons Creek Reservoir in Grimes County; thus, the department notes that harvest regulation on Gibbons Creek will revert to the statewide standard for all species.

        Finally, the proposed amendment would alter recreational bag and possession limits for cobia and prohibit the recreational retention or landing of shortfin mako sharks, both in response to federal actions. The National Marine Fisheries Service has prohibited the recreational and retention or landing of shortfin mako sharks in response to population concerns. The proposed amendment is therefore necessary to conform state regulations with federal regulations. Similarly, concerns with declining stocks of cobia in the Gulf of Mexico have resulted in federal changes that reduce the daily bag limit (from two fish to one fish) and implement a boat limit of two fish. The proposed amendment would make Texas rules consistent with federal rules.

        The proposed amendment to §57.992, concerning Bag, Possession, and Length Limits would implement federal actions regarding cobia and shortfin mako sharks with respect to commercial fishing. Those actions are identical to the actions described in the proposed amendment to §57.981 and are proposed for the same reasons.

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, with the exception of the proposed amendment to §57.992, proposed rules 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, which affects commercial fisheries, the rules are necessary to comport state rules with federal rules and affect conduct that would be unlawful under federal law without respect to state action.

        (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 exert a direct economic impact on 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, but modify existing regulations;

        (6) not limit or repeal an existing regulation;

        (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, Dakus Geeslin (Coastal Fisheries. 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.

        §57.971. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. All other words and terms in this subchapter shall have the meanings assigned in the Texas Parks and Wildlife Code.

                 (1) – (7) (No change.)

                 (8) Community fishing lake (CFL) — All public impoundments 75 acres or smaller located totally within an incorporated city limits or a municipal, city, county, or state park [public park, and all impoundments of any size lying totally within the boundaries of a state park].

                 (9) – (12) (No change.)

                 (13) Descending device — An instrument capable of releasing a fish at the depth from which the fish was caught.

                         (A) A descending device must be a weighted hook, lip clamp, or container

that will hold the fish while it is lowered to depth to effect release. The device must be capable of releasing the fish automatically, by actions of the operator of the device, or by allowing the fish to escape on its own when at depth.

                         (B) A descending device must use a minimum of a 16-ounce (454-gram)

weight and a minimum of a 60-ft (15.2-m) length of line.

                  (14)[(13)] Dip net — A mesh bag suspended from a frame attached to a handle. (14) Final processing — The cleaning of a dead wildlife resource for cooking or storage purposes.

                  (15)[(14)] Fish —

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

                  (16)[(15)] Fishing — Taking or attempting to take aquatic animal life by any means.

                  (17)[(16)] Fish length — That straight-line measurement (while the fish is lying on its side) from the tip of the snout (jaw closed) to the extreme tip of the tail when the tail is squeezed together or rotated to produce the maximum overall length.

                  (18)[(17)] Fish species names — The names of fishes are those prescribed by the American Fisheries Society in the most recent edition of "Common and Scientific Names of Fishes from The United States, Canada and Mexico."

                  (19)[(18)] Fishing guide — A person who, for compensation, accompanies, assists, or transports a person or persons engaged in fishing in the water of this state.

                  (20)[(19)] Fishing guide deck hand — A person in the employ of a fishing guide who assists in operating a boat for compensation to accompany or to transport a person or persons engaged in fishing in the water of this state.

                  (21)[(20)] Folding panel trap — A metallic or non-metallic mesh trap, the side panels hinged to fold flat when not in use, and suspended in the water by multiple lines.

                  (22)[(21)] Gaff — Any hand-held pole with a hook attached directly to the pole.

                  (23)[(22)] Gear tag — A tag constructed of material as durable as the device to which it is attached. The gear tag must be legible, contain the name and address, or customer number, of the person using the device, and, except for saltwater trotlines and crab traps fished under a commercial license, the date the device was set out.

                  (24)[(23)] Gig — Any hand-held shaft with single or multiple points.

                  (25)[(24)] Handfishing — Fishing by the use of hands only and without any other fishing devices such as gaff, pole hook, trap, stick, or spear.

                  (26)[(25)] Headboat — A vessel that holds a valid Certificate of Inspection issued by the U.S. Coast Guard to carry passengers for hire. A headboat with a commercial vessel permit is considered to be operating as a headboat when it carries a passenger who pays a fee or, in the case of persons aboard fishing for or possessing coastal migratory fish or Gulf reef fish, when there are more than three persons aboard, including operator and crew.

                  (27)[(26)] Inside waters — All bays, inlets, outlets, passes, rivers, streams, and other bodies of water landward from the shoreline of the state along the Gulf of Mexico and contiguous to, or connected with, but not a part of, the Gulf of Mexico and within which the tide regularly rises and falls.

                  (28)[(27)] Jug line — A fishing line with five or less hooks and a gear tag tied to a free-floating device.

                  (29)[(28)] Lawful archery equipment — Longbow, recurved bow, and compound bow.

                  (30)[(29)] License year — The period of time for which an annual fishing license is valid.

                  (31)[(30)] Natural bait — A whole or cut-up portion of a fish or shellfish or a whole or cut-up portion of plant material in its natural state, provided that none of these may be altered beyond cutting into portions.

                  (32)[(31)] Paddle craft — Any non-motorized vessel.

                  (33)[(32)] Paddle-craft fishing guide — A person who, for compensation, accompanies, assists, or transports a person or persons by means of a non-motorized vessel engaged in fishing in the coastal waters of this state.

                  (34)[(33)] (34) Pole and line — A line with hook, attached to a pole. This gear includes rod and reel.

                  (35)[(34)] (35) Possession limit — The maximum number of a wildlife resource that may be lawfully possessed at one time.

                  (36)[(35)] (36) Purse seine — A net with flotation on the corkline adequate to support the net in open water without touching bottom, with a rope or wire cable strung through rings attached along the bottom edge to close the bottom of the net.

                  (37)[(36)] Residence — A permanent structure where a person regularly sleeps and keeps personal belongings such as furniture and clothes, but does not include a temporary abode or dwelling such as a hunting or fishing club, or any club house, cabin, tent, or trailer house or mobile home used as a hunting or fishing camp, or any hotel, motel, or rooming house used on a temporary basis.

                  (38)[(37)] Sail line — A type of trotline with one end of the main line fixed on the shore, the other end of the main line attached to a wind-powered floating device or sail.

                  (39)[(38)] Sand Pump — A self-contained, hand-held, hand-operated suction device used to remove and capture Callianassid ghost shrimp (Callichirus islagrande) from their burrows.

                  (40)[(39)] Seine — A section of non-metallic mesh webbing, the top edge buoyed upwards by a floatline and the bottom edge weighted.

                  (41)[(40)] Spear — Any shaft with single or multiple points, barbed or barbless, which may be propelled by any means, but does not; include arrows.

                  (42)[(41)] Spear gun — Any hand-operated device designed and used for propelling a spear, but does not include the crossbow.

                  (43)[(42)] Throwline — A fishing line with:

                         (A) – (D) (No change.)

                  (44)[(43)] Trap — A rigid device of various designs and dimensions used to entrap aquatic life, including a man-made device such as a box, barrel, or pipe.

                  (45)[(44)] Trawl — A bag-shaped net which is dragged along the bottom or through the water to catch aquatic life.

                 (46)[(45)] Trotline — A nonmetallic main fishing line with:

                         (A) – (D) (No change.)

                 (47) [(46)] Umbrella net — A non-metallic mesh net that is suspended horizontally in the water by multiple lines attached to a rigid frame.

                 (48) Venting tool — A device capable of penetrating the abdomen of a fish for purposes of releasing gases accumulated in the body cavity as a result of retrieving the fish from depth.

                         (A) A venting tool must be a sharpened, hollow instrument that allows air to escape (such as a hypodermic syringe with the plunger removed) of at least a 16–gauge, with an outside diameter of no less than 0.065 inches (1.65 mm).

                         (B) A device that is not hollow, such as a knife or an ice

pick, is not a venting tool.

                 (49)[(48)] Wildlife resources — For the purposes of this subchapter, all aquatic animal life.

        §57.972. General Rules.

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

                 (g) It is unlawful:

                         (1) – (11) (No change.)

                         (12) for any person to take, kill, or possess more than 15 univalve snails (all species), to include no more than two of each of the following species: lightening whelk, horse conch, Florida fighting conch, pear whelk, banded tulip, and Florida rocksnail; [or]

                         (13) for any person to fish for any species of reef fish as defined in 50 C.F.R. Part 622 unless the person:

                                  (A) is also in possession of a descending device or venting tool is rigged and ready for use; and

                                  (B) deploys the descending device or venting tool on all fish exhibiting signs of barotrauma (a condition caused by expansion of gases inside a fish, such as the stomach coming out of the mouth, bulging eyes, bloated belly, and/or distended intestines) that are:

                                          (i) released following catch; and

                                          (ii) are reef fish as described in this paragraph; or

                         (14)[(13)] for any person to: 

                                  (A) – (G) (No change.)

        §57.973. Devices, Means and Methods.

                 (a) (No change.)

                 (b) Game and non-game fish may be taken only by pole and line in or on:

                         (1) – (3) (No change.)

                         (4) the following lakes:

                                  (A) Abilene (Abilene State Park in Taylor County);

                                  (B) Cleburne (Cleburne State Park in Johnson County);

                                  (C) Elm (Brazos Bend State Park in Fort Bend County);

                                  (D) Fort Parker (Fort Parker State Park in Limestone County);

                                  (E) Mineral Wells (Mineral Wells State Park in Parker County);

                                  (F) Pilant (Brazos Bend State Park in Fort Bend County);

                                  (G) Purtis Creek (Purtis Creek State Park in Henderson and Van Zandt counties);

                                  (H) Raven (Huntsville State Park in Walker County);

                                  (I) Sheldon (Sheldon Lake State Park in Harris County);

                                  (J) Tucker (Palo Pinto Mountains State Park in Palo Pinto and Stephens counties); and

                                  (K) Deputy Darren Goforth Park Lake (Harris County);

                         (5)[(4)] Brushy Creek (Williamson County) from the Brushy Creek Reservoir dam downstream to the Williamson/Milam county line;

                         (6)[(5)] Canyon Lake Project #6 (Lubbock County);

                         (7)[(6)] Lake Pflugerville (Travis County);

                         (8)[(7)] North Concho River (Tom Green County) from O.C. Fisher Dam to Bell Street Dam;

                         (9)[(8)] South Concho River (Tom Green County) from Lone Wolf Dam to Bell Street Dam; and

                         (10)[(9)] Wheeler Branch (Somervell County).

                 (c) No person may employ more than two pole-and-line devices at the same time on:

                         (1) (No change.)

                         (2) community fishing lakes and: [that are not within or part of a state park]

                                  (A) Abilene (Abilene State Park in Taylor County);

                                  (B) Cleburne (Cleburne State Park in Johnson County);

                                  (C) Elm (Brazos Bend State Park in Fort Bend County);

                                  (D) Fort Parker (Fort Parker State Park in Limestone County);

                                  (E) Mineral Wells (Mineral Wells State Park in Parker County);

                                  (F) Pilant (Brazos Bend State Park in Fort Bend County);

                                  (G) Raven (Huntsville State Park in Walker County);

                                  (H) Sheldon (Sheldon Lake State Park in Harris County);

                                  (I) Tucker (Palo Pinto Mountains State Park in Palo Pinto and Stephens counties); and

                                  (J) Deputy Darren Goforth Park Lake (Harris County);

                         (3) – (6) (No change.)

                 (d) – (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) – (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) – (C) (No change.)

                                  (D) in Lake Bastrop in Bastrop County, Bellwood Lake in Smith County, Lake Bryan in Brazos County, Boerne City Park Lake in Kendall County, Lakes Coffee Mill and Davy Crockett in Fannin County, Dixieland Reservoir in Cameron County, [Gibbons Creek Reservoir in Grimes County,] Lake Naconiche in Nacogdoches County, and Tankersley Reservoir in Titus County.

                         (10) – (20) (No change.)

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

                                  (A) (No change.)

                                  (B) It is unlawful to use a throwline in Lake Bastrop in Bastrop County, Bellwood Lake in Smith County, Lake Bryan in Brazos County, Boerne City Park Lake in Kendall County, Lakes Coffee Mill and Davy Crockett in Fannin County, Dixieland Reservoir in Cameron County, [Gibbons Creek Reservoir in Grimes County,] Lake Naconiche in Nacogdoches County, and Tankersley Reservoir in Titus County.

                                  (C) (No change.)

                         (22) Trotline.

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

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

                                          (i) (No change.)

                                          (ii) in [Gibbons Creek Reservoir in Grimes County,] Lake Bastrop in Bastrop County, Lakes Coffee Mill and Davy Crockett in Fannin County, Fayette County Reservoir in Fayette County, Pinkston Reservoir in Shelby County, Lake Bryan in Brazos County, Bellwood Lake in Smith County, Dixieland Reservoir in Cameron County, Boerne City Park Lake in Kendall County, Lake Naconiche in Nacogdoches County, and Tankersley Reservoir in Titus County;

                                          (iii) — (iv) (No change.)

                                  (D) (No change.)

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

                 (1) – (3) (No change.)

                 (4) Choke Canyon Reservoir in Live Oak and McMullen counties comprises all impounded waters of the Frio River from the Choke Canyon Dam upstream to the State Highway 16 bridge, including all waters of San Miguel Creek downstream from the State Highway 16 bridge.

                 (5)[(4)] Cooper Lake in Delta and Hopkins counties comprises all waters within the Corps of Engineers lands on Cooper Lake upstream from State Highway 19/154 and downstream from F.M. Road 71.

                 (6)[(5)] Falcon International Reservoir in Starr and Zapata counties comprises all impounded waters of the Rio Grande from the Falcon Dam upstream to the Zapata/Webb County line.

                 [(6) Gibbons Creek Reservoir in Grimes County comprises all impounded waters within the Texas Municipal Power Agency property boundaries.]

                 (7) (No change.)

                 (8) Lake Conroe in Montgomery and Walker counties comprises all impounded waters of the West Fork of the San Jacinto River from the Lake Conroe dam upstream to F.M. Road 1791[1790] bridge.

                 (9) – (20) (No change.)

                 (21) O. H. Ivie Reservoir in Concho, Coleman, and Runnels counties comprises all impounded waters of the Colorado and Concho rivers from the S.W. Freese Dam upstream to:

                         (A) the F.M. 129 bridge on the Colorado River; and

                         (B) the confluence of Amos Creek and the Concho River.

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

                 (23)[(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.

                 (24)[(23)] 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) – (C) (No change.)

                                  (D) Cobia.

                                          (i) Daily bag limit: 1. No more than two cobia may be possessed on a vessel at any time[2].

                                          (ii) — (iii) (No change.)

                                  (E)  – (O) (No change.)

                                  (P) Shark: all species (including hybrids and subspecies).

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

                                          (iv) The take of the following species of sharks from the waters of this state is prohibited and they may not be possessed on board a vessel at any time:

                                                  (I) – ( XVI) (No change.)

                                                  (XVII) Shortfin mako;

                                                  (XVIII)[(XVII)] Silky;

                                                  (XVIV)[(XVIII)] Sixgill;

                                                  (XX)[(XIX)] Smalltail;

                                                  (XXI)[(XX)] Whale; and

                                                  (XXII)[(XXI)] White.

                                          (v) (No change.)

                                  (Q) – (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) – (iii) (No change.)

                                          (iv) [Lakes Bright (Williamson County),] Casa Blanca (Webb County), [Cleburne State Park (Johnson County),] Fairfield (Freestone County), Gilmer (Upshur County), Marine Creek Reservoir (Tarrant County), [Meridian State Park (Bosque County),] Pflugerville (Travis County), [Rusk State Park (Cherokee County),] and Welsh (Titus County).

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

                                          (v) Generations Park[Bedford Boys Ranch Lake] (Tarrant County), Buck Lake (Kimble County), Lake Forest Park (Denton County), Lake Kyle (Hays County), and Nelson Park Lake (Taylor County).

                                                  (I) — (III) (No change.)

                                          (vi) (No change.)

                                          [(vii) Lake Nasworthy (Tom Green).]

                                                  [(I) Daily bag limit: 5.]

                                                  [(II) Minimum length limit: 14 — 18 inch slot limit.]

                                                  [(III) It is unlawful to retain largemouth bass between 14 and 18 inches in length.]

                                          (vii)[(viii)] Lakes Athens (Henderson County), Bastrop (Bastrop County), [Buescher State Park (Bastrop County),] Houston County (Houston County), Joe Pool (Dallas, Ellis, and Tarrant counties), Lady Bird (Travis County), Murvaul (Panola County), Pinkston (Shelby County), Timpson (Shelby County), Walter E. Long (Travis County), and Wheeler Branch (Somervell County).

                                                  (I) — (III) (No change.)

                                          (viii)[(ix)] Lakes Fayette County (Fayette County), Fork (Wood Rains and Hopkins counties), [Gibbons Creek Reservoir (Grimes County),] and Monticello (Titus County).

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

                                          [(x)] [Lake Lakewood (Williamson County).]

                                                  [(I) Daily bag limit: 3.]

                                                  [(II) Minimum length limit: 18 inches.]

                                  (D) – (F) (No change.)

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

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

                                          (v)[(v) 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) Daily bag limit: 5 (in any combination).]

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

                                           [(vi) Community fishing lakes.]

                                                  [(I) Daily bag limit: 5 (in any combination). ]

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

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

                                                  [(I) Daily bag limit: 5 (in any combination).]

                                                  (II) Minimum length limit: 12 inches.]

                                          [(viii)]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), Tawakoni (Hunt, Rains, and Van Zandt counties), and Waco (McClennan).

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

                                          (vi)[(ix)] Lakes Abilene (Taylor County), Braunig (Bexar County), Calaveras (Bexar County), Choke Canyon (Live Oak and McMullen counties), Fayette County (Fayette County), [and] Proctor (Comanche County), Raven (Walker County), and Sheldon (Harris County).

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

                                          (H) – (N) (No change.)

                         (2) Except as specifically provided elsewhere in this subchapter, the daily bag limit on the waterbodies enumerated in this paragraph is 5 fish (all species combined), to include not more than 1 black bass (Micropterus spp.) of greater than 14 inches in length.

                                  (A) All CFLs;

                                  (B) Brushy Creek (Williamson County) from the Brushy Creek Reservoir dam downstream to the Williamson/Milam county line;

                                  (C) Canyon Lake Project #6 (Lubbock County);

                                  (D) Deputy Darren Goforth Park Lake (Harris County);

                                  (E) Elm (Fort Bend County);

                                  (F) Tucker Lake (Stephens and Palo Pinto counties);

                                  (G) North Concho River (Tom Green County) from O.C. Fisher Dam to Bell Street Dam; and

                                  (H) South Concho River (Tom Green County) from Lone Wolf Dam to Bell Street Dam.

                         (3)[(2)] Saltwater species. There are no exceptions to the provisions established in subsection (c)(5) of this section.

        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 repeal 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 repeal affects Parks and Wildlife Code, Chapter 61.

        §57.985. Largemouth Bass — Special Bag, Possession, and Length Limits.

        This agency hereby certifies that the proposed repeal 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) – (B) (No change.)

                                  (C) Cobia.

                                          (i) Daily bag limit: 1. No more than two cobia may be possessed on a vessel at any time[2].

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

                                  (D) — (I) (No change.)

                                  (J) Shark: all species (including hybrids and subspecies).

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

                                          (iv) The take of the following species of sharks from the waters of this state is prohibited and they may not be possessed on board a vessel at any time:

                                                  (I) – (XVI) (No change.)

                                                  (XVII) Shortfin mako;

                                                  (XVIII)[(XVII)] Silky;

                                                  (XVIV)[(XVIII)] Sixgill;

                                                  (XX)[(XIX)] Smalltail;

                                                  (XXI)[(XX)] Whale; and

                                                  (XXII)[(XXI)] White.

                                  (v) (No change.)

                         (K) – (N) (No change.)

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

        Issued in Austin, Texas, on

 


Work Session Item No. 5
Presenter: Shaun Oldenburger

Work Session
2023-2024 Migratory Game Bird Proclamation
Request Permission to Publish Proposed Changes in the Texas Register
January 25, 2023

I.        Executive Summary: Staff seeks permission to publish proposed changes to the Migratory Game Bird Proclamation in the Texas Register for public comment.

II.      Discussion: Responsibility for establishing seasons, bag limits, and means and methods for taking wildlife resources is delegated to the Texas Parks and Wildlife 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. The proposed amendments consist of the following:

Migratory Game Bird Regulations

Attachment – 1

  1. Exhibit A – 2023-2024 Migratory Game Bird Proclamation

Work Session Item No. 5
Exhibit A

2023 — 2024 MIGRATORY GAME BIRD PROCLAMATION

PROPOSAL PREAMBLE

1. Introduction.

        The Texas Parks and Wildlife Department (the department) proposes amendments to 31 TAC §§65.314-65.320, concerning the Migratory Game Bird Proclamation.

        The United States Fish and Wildlife Service (Service) issues annual frameworks for the hunting of migratory game birds in the United States. Regulations adopted by individual states may be more restrictive than the federal frameworks but may not be less restrictive. Responsibility for establishing seasons, bag limits, means, methods, and devices for harvesting migratory game birds within Service frameworks is delegated to the Texas Parks and Wildlife Commission (Commission) under Parks and Wildlife Code, Chapter 64, Subchapter C.

        With one exception, the proposed amendments specify the season dates for hunting the various species of migratory game birds for 2023-2024 seasons. The proposed rules retain the season structure and bag limits for all species of migratory game birds from last year while adjusting the season dates to allow for calendar shift (i.e., to ensure that seasons open on the desired day of the week), since dates from a previous year do not fall on the same days in following years.

        The exception mentioned earlier in this preamble is an amendment to §65.318, concerning Sandhill Crane, which would clarify that federal sandhill crane permit required by the subsection is not valid unless it is issued by the department (i.e., a federal crane permit issued by another state is not valid to hunt sandhill crane in Texas).

2. Fiscal Note.

        Shaun Oldenburger, Wildlife Division Small Game Program Director, has determined that for the first five years that the amendments as proposed are in effect, there will be no additional fiscal implications to state or local governments of enforcing or administering the rules as proposed.

3. Public Benefit/Cost Note.

        Mr. Oldenburger also has determined that for each of the first five years the proposed rules are in effect:

        (A) The public benefit anticipated as a result of enforcing the rules as proposed will be the department’s discharge of its statutory obligation to manage and conserve the state’s populations of migratory game birds for the use and enjoyment of the public, consistent with the principles of sound biological management.

        (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 regulate various aspects of recreational license privileges that allow individual persons to pursue and harvest migratory game bird 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.

        There also will be no adverse economic effect on persons required to comply with the rules as proposed.

        (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, expand or limit an existing regulation;

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

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

4. Request for Public Comment.

        Comments on the proposed rules may be submitted to Shaun Oldenburger (Small Game Program Director) at 512-389-4778, e-mail: shaun.oldenburger@tpwd.texas.gov or via the department website at www.tpwd.texas.gov.

5. Statutory Authority.

        The amendments are proposed under Parks and Wildlife Code, Chapter 64, which authorizes the Commission and the Executive Director to provide the open season and means, methods, and devices for the hunting and possessing of migratory game birds.

        The proposed amendments affect Parks and Wildlife Code, Chapter 64.

        §65.314. Doves (Mourning, White-Winged, White-Tipped, White-Fronted Doves).

                (a) (No change.)

                 (b) Seasons; Daily Bag Limits.

                         (1) North Zone.

                                  (A) Dates: September 1 — November 12, 2023 and December 15-31, 2023[September 1 — November 13, 2022 and December 17, 2022 — January 1, 2023].

                                  (B) (No change.)

                         (2) Central Zone.

                                  (A) Dates: September 1 — October 29, 2023 and December 15, 2023 — January 14, 2024[September 1 — October 30, 2022 and December 17, 2022 — January 15, 2023.]

                                  (B) (No change.)

                         (3) South Zone and Special White-winged Dove Area.

                                  (A) Dates: September 1-3 and 8-10, 2023; September 14 — October 29, 2023; and December 15, 2023 — January 21, 2024[September 2-4 and 9-11, 2022; September 14 — October 30, 2022; and December 17, 2022 — January 22, 2023].

                                  (B) (No change.)

        §65.315. Ducks, Coots, Mergansers, and Teal.

                 (a) (No change.)

                 (b) Season dates and bag limits.

                         (1) HPMMU.

                                  (A) For all species other than "dusky ducks": October 28-29, 2023 and November 3, 2023 — January 28, 2024[October 29-30, 2022 and November 4, 2022 — January 29, 2023]; and

                                  (B) "dusky ducks": November 6, 2023 — January 28, 2024[November 7, 2022 — January 29, 2023].

                         (2) North Zone.

                                  (A) For all species other than "dusky ducks": November 11-26, 2023 and December 2, 2022 — January 28, 2024[November 12-27, 2022 and December 3, 2022 — January 29, 2023]; and

                                  (B) "dusky ducks": November 16-26, 2023 and December 2, 2023 — January 28, 2024[November 17-27, 2022 and December 3, 2022 — January 29, 2023].

                         (3) South Zone.

                                  (A) For all species other than "dusky ducks": November 4-26, 2023 and December 9, 2023 — January 28, 2024[November 5-27, 2022 and December 10, 2022 — January 29, 2023]; and

                                  (B) "dusky ducks": November 9-26, 2023 and December 9, 2023 — January 28, 2024[November 10-27, 2022 and December 10, 2022 — January 29, 2023].

                         (4) September teal-only season.

                                  (A) (No change.)

                                  (B) Dates: September 9-24, 2023[September 10-25, 2022].

                 (c) (No change.)

        §65.316. Geese.

                 (a) (No change.)

                 (b) Season dates and bag limits.

                         (1) Western Zone.

                                  (A) Light geese: November 4, 2023 — February 4, 2024[November 5, 2022 — February 5, 2023]. The daily bag limit for light geese is 10, and there is no possession limit.

                                  (B) Dark geese: November 4, 2023 – February 4, 2024. The daily bag limit for dark geese is five, to include no more than two white-fronted geese.

                         (2) Eastern Zone.

                                  (A) Light geese: November 4, 2023 — January 28, 2024[November 5, 2022 — January 29, 2023]. The daily bag limit for light geese is 10, and there is no possession limit.

                                  (B) Dark geese:

                                          (i) Season: November 4, 2023 — January 28, 2024[November 5, 2022 — January 29, 2023];

                                          (ii) (No change.)

                 (c) September Canada goose season. Canada geese may be hunted in the Eastern Zone during the season established by this subsection. The season is closed for all other species of geese during the season established by this subsection.

                         (1) Season dates: September 9-24, 2023[September 10-25, 2022].

                         (2) (No change.)

                 (d) Light Goose Conservation Order. The provisions of paragraphs (1) — (3) of this subsection apply only to the hunting of light geese. All provisions of this subchapter continue in effect unless specifically provided otherwise in this section; however, where this section conflicts with the provisions of this subchapter, this section prevails.

                         (1)  - (3) (No change.)

                         (4) Season dates.

                                  (A) From January 29 — March 10, 2024[January 30 — March 12, 2023], the take of light geese is lawful in the Eastern Zone.

                                  (B) From February 5 — March 10, 2024[February 6 — March 12, 2023] , the take of light geese is lawful in the Western Zone.

        §65.317. Special Youth, Active-Duty[Active Duty] Military, and Military Veteran Seasons.

                 (a) Special Youth Waterfowl Season. There shall be a Special Youth Season for waterfowl, during which the hunting, taking, and possession of geese, ducks, mergansers, and coots is restricted to licensed hunters 16 years of age and younger accompanied by a person 18 years of age or older, except for persons hunting by means of falconry under the provisions of §65.320 of this title (relating to Extended Falconry Seasons).

                         (1) HPMMU:

                                  (A) season dates: October 21-22, 2023[October 22 — 23, 2022];

                                  (B) (No change.)

                         (2) North Duck Zone:

                                  (A) season dates: November 4-5, 2023[November 5 — 6, 2022];

                                  (B) (No change.)

                         (3) South Duck Zone:

                                  (A) season dates: October 28-29, 2023[October 29 — 30, 2022];

                                  (B) (No change.)

                 (b) Special Active-Duty Military and Military Veteran Migratory Game Bird Season.

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

                         (3) Season Dates and Bag Limits.

                                  (A) HPMMU:

                                          (i) season dates: October 21-22, 2023[October 22 — 23, 2022];

                                          (ii) (No change.)

                                  (B) North Duck Zone:

                                          (i) season dates: November 4-5, 2023[November 5 — 6, 2022];

                                          (ii) (No change.)

                                  (C) South Duck Zone:

                                          (i) season dates: October 28-29, 2023[October 29 — 30, 2022];

                                          (ii) (No change.)

                         (4) (No change.)

        §65.318. Sandhill Crane.

                 (a) (No change.)

                 (b) Season dates and bag limits.

                         (1) Zone A: October 28, 2023 — January 28, 2024[October 29, 2022 — January 29, 2023]. The daily bag limit is three.

                         (2) Zone B: November 24, 2023 — January 28, 2024[November 25, 2022 — January 29, 2023]. The daily bag limit is three.

                         (3) Zone C: December 16, 2023 — January 21, 2024[December 17, 2022 — January 22, 2023]. The daily bag limit is two.

                 (c)  No person may hunt sandhill cranes in this state unless that person has obtained a department-issued federal sandhill crane permit valid for the season in which the hunting occurs. The permit required by this subsection is free.

        §65.319. Gallinules, Rails, Snipe, Woodcock.

                 (a) Gallinules (moorhen or common gallinule and purple gallinule) may be taken in any county of this state during the season established in this subsection.

                         (1) Season dates: September 9-24 and November 4 — December 27, 2023[September 10-25 and November 5 — December 28, 2022].

                         (2) (No change.)

                 (b) Rails may be taken in any county of this state during the season established by this subsection.

                         (1) Season dates: September 9-24 and November 4 — December 27, 2023[September 10-25 and November 5 — December 28, 2022].

                         (2) (No change.)

                 (c) Snipe may be taken in any county of this state during the season established by this subsection.

                         (1) Season dates: November 4, 2023 — February 18, 2024[November 5, 2022 — February 19, 2023].

                         (2) (No change.)

                 (d) Woodcock may be taken in any county of this state during the season established by this subsection.

                         (1) Season dates: December 18, 2023 — January 31, 2024[December 18, 2022 — January 31, 2023].

                         (2) (No change.)

        §65.320. Extended Falconry Seasons. It is lawful to take the species of migratory birds listed in this section by means of falconry during the seasons established by this section.

                 (1) Mourning doves, white-winged doves and white-tipped doves: November 17 — December 3, 2023[November 18 — December 4, 2022].

                 (2) Duck, gallinule, moorhen, rail, and woodcock: January 29 — February 12, 2024[January 30 — February 13, 2023].

                 (3) – (4) (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. 7
Presenter: Les Casterline

Work Session
Fishing Guide License Rules
Request Permission to Publish Proposed Changes in the Texas Register
January 25, 2023

I.      Executive Summary:  Staff seeks permission to publish a proposed amendment to rules governing fishing licenses to provide for freshwater fishing guide license reciprocity in shared boundary fresh waters for residents of either Texas or Louisiana who are appropriately licensed to guide in their state of residence.

II.     Discussion:  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 Texas Parks and Wildlife Commission (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 41.006, the Commission may make regulations conforming to a reciprocity agreement under section 41.003 for the conservation of fish and wildlife. In addition, under Texas Parks and Wildlife Code, section 47.004, the Commission is authorized to adopt rules governing the issuance and use of a resident fishing guide license, including rules creating separate resident fishing guide licenses for use in saltwater and freshwater.

The Louisiana Department of Wildlife and Fisheries and TPWD recently agreed to enter into a single reciprocity agreement for recreational fishing licenses to replace various existing individual reciprocity agreements that are 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, which necessitates rulemaking because regulatory conformance to reciprocal agreements must be by rule. The proposed amendment would provide for reciprocity privileges for resident freshwater fishing guide licensees of both states on the boundary waters north of the Interstate Highway 10 bridge over the Sabine River.

Attachments – 2

  1. Exhibit A – Reciprocal Recreational Fishing License Agreement Between the State of Texas and the State of Louisiana
  2. Exhibit B – Proposed Fishing Guide License Rules

Work Session Item No. 7
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 non­resident 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. l. 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.
  1. 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.
  1. 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.

Arch “Beaver” Aplin, III, Chairman

Dick Scott, Vice-Chairman

James E. Abell, Member

Oliver J. Bell, Member

Paul L. Foster, Member

Anna B. Galo, Member

Jeffery D. Hildebrand, Member

Robert L. “Bobby” Patton, Jr., Member

Travis B. “Blake” Rowling, Member



Work Session Item No. 7
Exhibit B

FISHING GUIDE LICENSE RULES

RECIPROCITY WITH LOUISIANA

PROPOSAL PREAMBLE

1. Introduction

        The Texas Parks and Wildlife Department proposes an amendment to 31 TAC §53.2, concerning License Issuance Procedures, Fees, Possession, and Exemption Rules.

        The proposed amendment would authorize reciprocal license privileges regarding the activities of freshwater fishing guides in the shared boundary waters of Texas and Louisiana. The department has entered into a reciprocity agreement with the Louisiana Department of Wildlife and Fisheries to allow appropriately licensed residents of both states to engage in business as freshwater fishing guides in the shared boundary fresh waters of either state.

2. Fiscal Note.

        Robert Macdonald, Regulations Coordinator, has determined that for each of the first five years that the rule as proposed is in effect, there will be minimal fiscal implications to the department as a result of administering the rule. The proposed rule, if adopted, could result in Louisiana residents who currently hold Texas non-resident fishing guide licenses electing to purchase Louisiana resident guide licenses, since reciprocal privileges would be established. The department estimates that the maximum revenue loss to the department would not exceed $9,000 per year. There will be no fiscal implications to other units of state or local government.

        There will be no effect on persons required to comply with the rule as proposed.

3. Public Benefit/Cost Note.

        Mr. Macdonald 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 consistency of regulations on shared border waters with Louisiana.

                 (B) Under 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 and micro-businesses. Those guidelines state that an agency need only consider a proposed rule’s "direct adverse economic impacts" to small businesses and micro-businesses to determine if any further analysis is required. For that purpose, 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 a determined that because the rule as proposed does not directly regulate any small business, microbusiness, or rural community, there will be no adverse economic impact on small businesses, microbusinesses, or rural communities as a result of the proposed rule.

                 (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 rule 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 rule.

                 (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 rule.

                 (F) 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:

                         (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 a fee;

                         (5) create a new regulation (to create reciprocal license privileges);

                         (6) not expand an existing regulation;

                         (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 proposed rule may be submitted to Assistant Commander Les Casterline, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4853; email: les.casterline@tpwd.texas.gov or via the department website at www.tpwd.texas.gov.

5. Statutory Authority.

        The amendment is proposed under Parks and Wildlife Code, §41.003, which authorizes the director to negotiate for the commission with the proper representatives of each state having a common border with Texas to allow reciprocal fishing on rivers and lakes on the common boundary between Texas and the border state, and under Parks and Wildlife Code, §41.006, which authorizes the commission to make regulations conforming to an agreement under section 41.003 for the conservation of fish and wildlife.

        The proposed amendment affects Parks and Wildlife Code, Chapter 41.

6. Rule Text.

        §53.2. License Issuance Procedures, Fees, Possession, and Exemption.

                 (a) – (d) (No change.)

                 (e)  A Louisiana resident who holds a valid Louisiana license equivalent to the Texas freshwater fishing guide license may engage in business as a fishing guide on all Texas waters north of the Interstate Highway 10 bridge across the Sabine River that form a common boundary between Texas and Louisiana, provided the State of Louisiana allows a reciprocal privilege to persons who hold a valid Texas resident freshwater fishing guide license. Except as may be specifically provided elsewhere in this chapter or Parks and Wildlife Code, no person may take or attempt to take fish in Texas public waters without first having obtained a Texas license valid for that purpose.

                 (f)[(e)] An administrative fee of $3 shall be charged for replacement of lost or destroyed licenses, stamp endorsements, or permits. This fee shall not be charged for items which have a fee for duplicates otherwise prescribed by rule or statute.

                 (g)[(f)] A license or permit issued under the Parks and Wildlife Code or this title that has been denied or revoked by the department may not be re-issued or reinstated unless the person applying for re-issuance or reinstatement applies to the department for re-issuance or reinstatement and pays to the department an application review fee of $100, in addition to any other fees or penalties required by law.

                 (h)[(g)] A person who has purchased a valid hunting, fishing, or combination hunting and fishing license but is not in physical possession of that license in any circumstance for which the license is required may use a wireless communications device (laptop, cellphone, smart phone, electronic tablet, phablet, or similar device) to satisfy applicable license possession requirements.

                         (1) – (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


Work Session Item No. 8
Presenter: Mitch Lockwood

Work Session
Briefing
Chronic Wasting Disease (CWD) Management
Potential Regulatory Strategies
January 25, 2023

I.      Executive Summary:  Staff will brief the Texas Parks and Wildlife Commission (Commission) on the development of standard operating procedures pertaining to the establishment and maintenance of Chronic Wasting Disease (CWD) Containment and Surveillance Zones in the state.

II.     Discussion: Texas Parks and Wildlife Department (TPWD) began establishing CWD Containment Zones, Surveillance Zones (previously referred to as High-Risk Zones), and Buffer Zones in 2012 following the detection of CWD in the Hueco Mountains. The purpose of those CWD Zones was to determine the geographic extent and prevalence of the disease while containing it by limiting the unnatural movement of live CWD-susceptible species as well as the movement of carcass parts. While Buffer Zones have been dissolved, there has been little change with regard to Containment and Surveillance Zones, which have since been established in ten areas of the state. TPWD is developing new guidelines to establish consistency for CWD Zone establishment and delineation, and it is also establishing surveillance requirements to justify dissolution of Surveillance Zones. Surveillance requirements will be based on an epidemiological model that is currently in development to be more applicable to the management of CWD in Texas.

TPWD staff will present the guidelines developed thus far to be used for establishment, delineation, and dissolution of CWD Zones in Texas.


Work Session Item No. 9
Presenter: Matt Kennedy

Work Session
Briefing
Survey of Employee Engagement
January 25, 2023

I.      Executive Summary: Staff will brief the Texas Parks and Wildlife Commission on the Survey of Employee Engagement (SEE) for Texas Parks and Wildlife Department (TPWD). Every two years, State of Texas government agencies participate in the SEE. TPWD staff will present the results of the 2022 SEE and the plan to address key findings.

II.     Discussion: The SEE is an organizational tool that is used to optimize the employee experience and strategic planning. Through the SEE, TPWD gains perspective into employee morale, communication effectiveness, perceptions of strategic direction, growth opportunities, and the value of various initiatives. TPWD saw many areas of significant improvement in the 2022 results with a healthy increase in survey participation.


Work Session Item No. 10
Presenter: Rodney Franklin

Work Session
Briefing
Fairfield Lake State Park
January 25, 2023

I.      Executive Summary:  Staff will brief the Texas Parks and Wildlife Commission (Commission) on the status of Fairfield Lake State Park’s lease. Since 1971, Texas Parks and Wildlife Department (TPWD) has leased Fairfield Lake State Park from what is now Big Brown Power Company LLC. Representatives of Vistra, an owner in the Big Brown Mine, notified TPWD of its intention to the sell their property, inclusive of the state park land, and Vistra currently has a contract for sale with a buyer. There is no intent to continue the lease with TPWD to continue operations of the state park under the new potential owner.

II.     Discussion:  Fairfield Lake State Park is a leased park consisting of 1,821.35 acres. The lease began in 1971, and the park officially opened to the public in 1976. The park sits in the transition zone between the pine forests to the east and prairie grasslands to the north and west. The park sits on the 2,400-acre Fairfield Lake and provides a wide variety of recreational opportunities to the public, including swimming, fishing, boating/kayaking, camping, and ten miles of trails to explore on foot, bike, or horseback. The park also includes a tremendous amount of infrastructure, including buildings, barns, residences, roads, utilities, and a boat ramp.

In 2018, Vistra representatives notified TPWD that it intended to sell its real estate holdings around Fairfield Lake, including the 1,800-acre state park. In August of 2022, Vistra representatives notified TPWD that the property was under contract to be purchased by an outside entity that has no intention of continuing the state park lease under the new ownership. Should the sale go through, this will result in the closure of Fairfield Lake State Park.

Attachments – 3

  1. Exhibit A – Location Map
  2. Exhibit B – Vicinity Map
  3. Exhibit C – Site Map

Work Session Item No. 10
Exhibit A

Location Map for Fairfield Lake State Park in Freestone County


Work Session Item No. 10
Exhibit B

Vicinity Map for Fairfield Lake State Park 25 Miles West of Palestine


Work Session Item No. 10
Exhibit C

Site Map for Fairfield Lake State Park in Red


Work Session Item No. 11
Presenter: James Murphy

Work Session
Litigation Update
January 25, 2023

I.      Executive Summary:  Attorneys for the Texas Parks and Wildlife Department will update and advise the Texas Parks and Wildlife Commission regarding pending or anticipated litigation.