Commission Meeting Agenda Item No. 1
Presenter: Kerry Spears

Action
Fishing Guide License Rules
Recommended Adoption of Proposed Changes
March 23, 2023

I.      Executive Summary: Staff seeks adoption of a proposed amendment to rules governing fishing licenses to provide for freshwater fishing guide license reciprocity in shared boundary fresh waters for residents of Texas and 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 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. 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 reciprocity agreement was approved by the Commission at the Commission meeting on January 25, 2023.

At the Commission Work Session meeting on January 24, 2023, staff was authorized to publish the proposed amendment in the Texas Register for public comment. The proposed amendment appeared in the February 17, 2023, issue of the Texas Register (48 TexReg 824). A summary of public comment on the proposed rules will be provided at the meeting.

III.   Recommendation:  The staff recommends that the Commission adopt the proposed motion:

“The Texas Parks and Wildlife Commission adopts an amendment to 31 Texas Administrative Code §53.2, concerning License Issuance Procedures, Fees, Possession, and Exemption Rules, as listed in Exhibit A, with changes as necessary to the proposed text as published in the February 17, 2023, issue of the Texas Register (48 TexReg 824).”

Commission Agenda Item No. 1
Exhibit A

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: le.fisheries@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