Work Session

Wednesday, November 2, 2022
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
Carter Smith, Executive Director

Approval of the Previous Minutes from the Commission Work Session held August 24, 2022

Approval of the Previous Minutes from the Commission Annual Public Hearing held August 24, 2022

Land and Water Plan

1. Update on the Texas Parks and Wildlife Department’s Progress in Implementing the Texas Parks and Wildlife Department Land and Water Resources Conservation and Recreation Plan – Carter Smith
   • Internal Affairs Update
   • Staff Recognition
   • Fiscal Year 2022 Stocking Report
   • Chronic Wasting Disease (CWD) Update
   • Update on Sunset’s Recommendation to Establish a Conservation and Recreation Planning Subcommittee
   • Texas’ Newest Lake
   • Sea Center Texas Collaboration with Special Olympics

Financial

2. Fiscal Year (FY) 2022 and FY 2023 Internal Audit Update – Brandy Meeks

Natural Resources

3. Electric Bicycle Use On State Park Trails – Recommended Adoption of Proposed Changes – Aaron Friar (Action Item No. 1)
4. Aerial Wildlife Management Permit Rules – Recommended Adoption of Proposed Changes – Stormy King (Action Item No. 2)
5. Williamson County Regional Habitat Conservation Plan Citizens Advisory Committee and Biological Advisory Team – Appointment of Members and Delegation of Appointment Authority to Executive Director – Richard Heilbrun (Action Item No. 3)
6. Statewide Oyster Fishery Proclamation – Closure of Oyster Reef Areas and Temporary Closure of Oyster Restoration areas in Galveston Bay and San Antonio Bay – Recommended Adoption of Proposed Changes – Robin Riechers (Action Item No. 4)
7. 2023-2024 Statewide Recreational and Commercial Fishing Proclamation Preview – Michael Tennant, Dakus Geeslin
8. 2023-2024 Statewide Hunting and Migratory Game Bird Proclamation Preview – Shaun Oldenburger
9. Briefing – Diversity and Inclusion Goals – David Buggs

Land Conservation

10. Acquisition of Land – El Paso County – Approximately 1,100 Acres at Franklin Mountains State Park (Work Session and Executive Session)  – Jason Estrella (Work Session and Executive Session) (Action Item No. 5)
11. Acquisition of Land – Mason County – Approximately 200 Acres at Mason Mountain Wildlife Management Area (Work Session and Executive Session)  – Jason Estrella (Work Session and Executive Session) (Action Item No. 6)
12. Acquisition of Land – Brown County – Approximately 2,200 Acres near the McGillivray and Leona Muse Wildlife Management Area (Work Session and Executive Session) – Jason Estrella (Work Session and Executive Session) (Action Item No. 7)

Executive Session

13. Litigation Update Executive Session Only – James Murphy (Executive Session Only)
14. Performance Evaluation of the Texas Parks and Wildlife Department Executive Director – Chairman Arch “Beaver” Aplin, III (Executive Session Only)

Work Session Item No. 1
Presenter: Carter Smith

Work Session
Update on the Texas Parks and Wildlife Department’s Progress in Implementing the Texas Parks and Wildlife Department Land and Water Resources Conservation and Recreation Plan
November 2, 2022

I.      Executive Summary: Executive Director Carter Smith 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.  Executive Director Carter Smith 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: Brandy Meeks

Work Session
Fiscal Year (FY) 2022 and FY 2023 Internal Audit Update
November 2, 2022

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

II.     Discussion: The staff will provide an update on the TPWD FY 2022 and 2023 Internal Audit Plans, as well as a briefing on any external audits that have been recently completed or are ongoing.

Work Session Item No. 7
Presenters: Michael Tennant
Dakus Geeslin

Work Session
2023-2024 Statewide Recreational and Commercial Fishing Proclamation Preview
November 2, 2022

I.      Executive Summary:  Staff seeks to apprise the Texas Parks and Wildlife Commission (Commission) of potential changes to recreational and commercial fishing regulations for the 2023-2024 season.

II.     Discussion:  Responsibility for establishing seasons, bag limits, and means and methods for taking freshwater and saltwater fisheries resources is delegated to the Commission under Texas Parks and Wildlife Code chapters 61 (Uniform Wildlife Regulatory Act), 66 (Fish and Aquatic Plants), 67 (Nongame Species), 76 (Oysters), 77 (Shrimp), and 78 (Mussels, Clams, and Crabs). 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 fisheries resources of the state.

Work Session Item No. 7
Exhibit A

Potential Changes to Fisheries Regulations 2023-2024

Inland Fisheries

• Modify the definition and fishing regulations for Community Fishing Lakes (CFLs) as follows:
  • Clarify that CFLs include all public impoundments 75 acres or smaller that are located totally within incorporated city limits or a public park, including municipal, city, county, or state parks. The new definition will exclude impoundments greater than 75 acres that are totally within the boundaries of state parks.
  • Remove special exceptions for blue and channel catfish and remove statewide daily bag, possession, and length limits for other species of fish to implement a daily bag limit of five (all species in aggregate) with one black bass greater than 14 inches.
  • Continue largemouth bass special exceptions for selected CFLs (to be determined).
  • Clarify the two pole-and-line limit for CFLs and manmade structures within a state park.
  • Inland Fisheries Division and Law Enforcement Division staff have discussed and support these potential changes. 

• Delineate the upstream reservoir boundaries for Choke Canyon Reservoir (Live Oak and McMullen counties) and O.H. Ivie Reservoir (Coleman, Concho, and Runnels counties) to differentiate between the inflowing river and the reservoir where special exceptions to statewide daily bag, possession, and length limits are in place. 

• Correct the upstream reservoir boundary road name for Lake Conroe (Montgomery and Walker counties). 

• Modify harvest regulations for largemouth bass in Lake Nasworthy (Tom Green County) to eliminate special exceptions (14 to 18-inch slot length limit) to statewide daily bag, possession, and length limits and return to statewide regulations. Based on fisheries data at Lake Nasworthy, no change in largemouth bass abundance, size structure, and growth was detected after implementation of the slot limit. Harvest of largemouth bass is low, and the harvest of largemouth bass under the slot length limit is needed to restructure the population. Based on survey results, most anglers support returning to the statewide regulations. 

• Implement a catch and release regulation for largemouth bass on the newly renovated Lake Forest Park (Denton County, City of Denton). Recent renovations included dam replacement, silt removal, fish habitat improvements, and fish stocking. It is important to provide protection to initial year-classes of stocked largemouth bass to develop a quality, self-sustaining largemouth bass population. 

Coastal Fisheries 

• Shortfin Mako Shark – match federal regulations prohibiting retention of shortfin mako sharks. Effective July 5, 2022, the National Oceanic and Atmospheric Administration (NOAA) National Marine Fisheries Service (NMFS) enacted a final rule prohibiting the landing or retention of shortfin mako sharks in any U.S. Atlantic highly migratory species (HMS) fishery until further notice. Coastal Fisheries Division proposes to add shortfin mako to the list of prohibited shark species for both the recreational and commercial fishing proclamations. 

• Greater Amberjack – match the federal closed season for the recreational and commercial fisheries in state waters. The recreational fixed closed season for greater amberjack would be modified to occur from January 1 through April 30; June 1 through July 31; and November 1 through December 31 each year. This means that recreational harvest would be allowed in May and from August through October in state waters during each calendar year. This change is proposed primarily for ease of enforcement, as state water landings of greater amberjack are minimal. 

• Cobia – match federal regulations of a one fish per person, per day bag limit and a vessel limit of two fish per trip, not to exceed the per person bag limit, for the recreational and commercial fisheries. This change is proposed to address declining stocks of cobia in the Gulf of Mexico and to facilitate ease of enforcement with federal regulations. 

• Direct Enhancement of Snapper Conservation and the Economy through Novel Devices Act of 2020 (DESCEND Act) in state waters – mirror the DESCEND Act requirements, which apply to Gulf of Mexico federal waters, in state waters. The DESCEND Act applies to commercial vessels, charter vessels and headboats, and private recreational vessels fishing for reef fish such as red snapper. The Act requires fishermen to have a venting tool or descending device rigged and ready to use when fishing for reef fish. This change will ease enforcement through consistency with federal regulations. 

Update Items

• Spotted Seatrout Update – As a result of the widespread impact to spotted seatrout from the winter freeze of 2021, the Commission enacted an emergency rule that established a three fish bag limit with an increase in the minimum size limit to 17 inches and created a maximum size limit of 23 inches.  These requirements were subsequently adopted in the 2022-2023 statewide hunting and fishing proclamation and will cease effect on August 31, 2023.  Staff will update gill net catch rates and will present bag seine data (recruitment) in a shortened format. 

• Flounder Update – Effective September 1, 2020, the minimum size limit was changed from 14 inches to 15 inches and a closed season (bag limit reduced to zero) for the flounder fishery was created from November 1 through December 14.  However, the implementation of the closure was subsequently delayed until November 1, 2021. Staff will provide updated gill net catch rates, bag seine data, and harvest information. 

Work Session Item No. 8
Presenter: Shaun Oldenburger

Work Session
2023-2024 Statewide Recreational and Commercial Fishing Proclamation Preview
November 2, 2022

I.      Executive Summary:  Staff seeks to apprise the Texas Parks and Wildlife Commission (Commission) of potential changes to hunting regulations for the 2023-2024 season.

II.     Discussion:  Responsibility for establishing seasons, bag limits, and means and methods for taking game animals and game birds is delegated to the Commission under 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.

Work Session Item No. 8
Exhibit A

Potential Changes to Hunting Regulations 2023-2024 

Game Bird Regulations

• Statewide closure of Light Goose Conservation Order.  
• Removal of Harvest Information Program (HIP) from point-of-sale license locations for migratory game bird hunters.
• Potential changes in season structure and daily bag limits for waterfowl.
• Overview of migratory game bird regulations process and potential changes as a result of federal action.

Work Session Item No. 9
Presenter: David Buggs

Work Session
Briefing – Diversity and Inclusion Goals
November 2, 2022

I.      Executive Summary:  Staff seeks to brief the Texas Parks and Wildlife Commission (Commission) on recent actions the Texas Parks and Wildlife Department (TPWD) has taken to increase diversity and inclusion internally and how TPWD continually strives to engage Texas’ vastly diverse population in the activities that are important to its mission.

II.      Discussion:  Management and conservation of the state’s natural and cultural resources and provision of recreational opportunities are key to the enrichment of Texas’ people, environment, and economy. Texas’ population has become much larger, urban, and more diverse over the last 30 years. To sustain its conservation efforts and effectively serve the public, TPWD must fully engage with and stay relevant to all of the citizens of Texas. Taking actions to promote diversity, equity, and inclusion is increasingly important to the sustainability of the agency, its constituents, and the state’s economy.

TPWD must be strategic in its efforts and collect information on how its actions positively affect its employees and its customers. Each division within TWPD has developed goals, actions, and measures to target underrepresented talent and/or customers for the purpose of increasing the agency’s value to all Texans and gaining inter-generational support for its mission. With the support of employees and the Commission, TPWD also implemented an advisory committee that is designed to provide insight into the recreational and environment engagement of urban communities across our state. Feedback from this advisory committee will assist TPWD in designing programs, processes, and practical activities that better serve all Texans and create a more welcoming outdoor recreation environment, while also broadening the tools needed to educate a more diverse public on the value, appreciation, and support for the state’s natural resources.

Work Session Item No. 13
Presenter: James Murphy

Work Session
Litigation Update Executive Session Only
November 2, 2022

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.

Work Session Item No. 14
Presenter: Chairman Arch “Beaver” Aplin, III

Work Session
Personnel Matters
Performance Evaluation of the Texas Parks and Wildlife Department Executive Director
November 2, 2022

I.      Executive Summary:

• Annual Performance Evaluation of the Texas Parks and Wildlife Department Executive Director