Commission Meeting Agenda Item No. 2
Presenters: Michael Tennant
Dakus Geeslin

Action
2023-2024 Statewide Recreational and Commercial Fishing Proclamation
Recommended Adoption of Proposed Changes
March 23, 2023

I.      Executive Summary: Staff seeks adoption of proposed changes to the Statewide Recreational and Commercial Fishing Proclamation. The proposed amendments consist of the following:

Inland Fisheries

Coastal Fisheries

II.     Discussion: Responsibility for establishing seasons, bag limits, and means and methods for taking 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.

At the Commission Work Session meeting on January 25, 2023, staff was authorized to publish the proposed rules in the Texas Register for public comment. The proposed rules appeared in the February 17, 2023, issue of the Texas Register (48 TexReg 825). A summary of public comment on the proposed rules will be presented at the time of the meeting.

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

“The Texas Parks and Wildlife Commission adopts amendments to 31 Texas Administrative Code §§57.971-57.974, 57.981, and 57.992, concerning the Statewide Recreational and Commercial Fishing Proclamation, 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 825).”

Attachment – 1

  1. Exhibit A – Proposed Rules

Commission Agenda Item No. 2
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 that 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) at cfish@tpwd.texas.gov, or Assistant Commander Les Casterline (Aquatic Enforcement) at le.fisheries@tpwd.texas.gove. 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.

                  (15)[(14)] Final processing — The cleaning of a dead wildlife resource for cooking or storage purposes.

                  (16)[(15)] Fish —

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

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

                  (18)[(17)] 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.

                  (19)[(18)] 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."

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

                  (21)[(20)] 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.

                  (22)[(21)] 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.

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

                  (24)[(23)] 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.

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

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

                  (27)[(26)] 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.

                  (28)[(27)] 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.

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

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

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

                  (32)[(31)] 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.

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

                  (34)[(33)] 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.

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

                  (36)[(35)] (35) Possession limit — The maximum number of a wildlife resource that may be lawfully possessed at one time.

                  (37)[(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.

                  (38)[(37)] 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.

                  (39)[(38)] 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.

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

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

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

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

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

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

                  (45)[(44)] 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.

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

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

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

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

                 (49) 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.

                 (50)[(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 that 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.)

                 (h)  — (j) (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 the following lakes: [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.)

                         (23) (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;

                                                  (XIX)[(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) [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;

                                                  (XIX)[(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