Commission Agenda Item 3
March 27, 2025
- Item Type: Action
- Presenter: Brian Bartram
2025-2026 Statewide Recreational and Commercial Fishing Proclamation – Recommended Adoption of Proposed Changes
I. Executive Summary:
Staff seeks adoption of proposed changes to the Statewide Recreational and Commercial Fishing Proclamation. The proposed changes would increase the minimum length for greater amberjack to match the federal minimum size limit for the commercial fishery in the Gulf of Mexico. They would also make conforming changes regarding digital products and repeal temporary provisions related to spotted seatrout.
II. Discussion:
Responsibility for establishing seasons, bag limits, and means and methods for taking freshwater and saltwater fisheries resources is delegated to the Texas Parks and Wildlife Commission (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.
The proposed amendments would do the following:
Coastal Fisheries
- Greater Amberjack – The proposed changes would modify the minimum size of greater amberjack from 34 inches total length to 40 inches total length for the commercial fishery in state waters to match the current federal water commercial minimum size of 36 inches fork length. Texas has maintained the total length approach to provide consistency in fish measurement approaches. This change is proposed primarily for ease of enforcement, as state water commercial landings of greater amberjack are minimal. No change is proposed for the commercial bag limit in state waters.
- Digital Products – The proposed changes include repeal of the Digital Exempt Angler tag (a digital product) and will make conforming changes regarding the issuance of recreational hunting and fishing licenses, stamp endorsements, and selected permits as digital products.
- Administrative Transfer of Spotted Seatrout Tag – The proposed changes would remove temporary interim provisions governing the take of spotted seatrout that were implemented following the March 2024 Commission meeting to avoid conflict with other proposed rulemaking. The proposed changes will consolidate all provisions governing spotted seatrout harvest in a single place.
At the Commission Work Session meeting on January 22, 2025, staff was authorized to publish the proposed rules in the Texas Register for public comment. The proposed rules appeared in the February 21, 2025, issue of the Texas Register (50 TexReg 954). A summary of public comment on the proposed rules will be presented at the time of the meeting.
III. Recommendation:
Staff recommends that the Commission adopt the following motion:
“The Texas Parks and Wildlife Commission adopts amendments to 31 Texas Administrative Code §§57.981, 57.984-57.985, 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 21, 2025, issue of the Texas Register (50 TexReg 954).”
Exhibit A – Commission Agenda Item No. 3
STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION
PROPOSAL PREAMBLE
1. Introduction.
The Texas Parks and Wildlife Department proposes the repeal of 31 TAC §57.984 and §57.985 and amendments to §57.981 and §57.992, concerning the Statewide Recreational and Commercial Fishing Proclamations.
The repeal of §57.984, concerning Special Provisions — Digital Exempt Angler Tags is necessary to comport current rules with proposed provisions published elsewhere in this issue that would make all recreational fishing license products (licenses, stamp endorsements, tags, and selected permits) available as digital products.
The proposed repeal of §57.985, concerning Spotted Seatrout – Special Provisions, is necessary to remove temporary interim provisions governing the take of spotted seatrout, adopted as a stand-alone section in 2024 to avoid conflict with other proposed rulemaking, in order to move them to §57.981, concerning Bag, Possession, and Length Limits, where they properly belong.
In February of 2021, Winter Storm Uri resulted in the largest freeze-related fish kill on the Texas Gulf coast since the 1980s, severely impacting spotted seatrout populations coastwide. In an effort to accelerate recovery of the spotted seatrout population, the department promulgated a series of rules that implemented reduced bag and “slot” (a mechanism to protect certain age classes) limits. Department monitoring has continuously indicated lower post-freeze catch rates (compared to the previous ten-year average), and the commission accordingly acted to implement continued measures to enhance and accelerate population recovery, adopting rules that reduced the bag limit and narrowed the slot limit for spotted seatrout. In January 2024, the commission directed staff to develop a mechanism to allow the retention of “oversized” fish (fish in excess of the maximum length established by rule) at a level not likely to compromise or defeat recovery measures, resulting in the adoption of §57.985, which also replaced the previous daily limit for the retention of oversized spotted seatrout with an annual limit.
The proposed amendment to §57.981, concerning Bag, Possession, and Length Limits, would incorporate the contents of current §57.985, concerning Spotted Seatrout – Special Provisions, for reasons discussed earlier in this preamble. The proposed repeal and amendment are not substantive, do not alter the applicability of the rules currently in force and effect, and serve only to consolidate all provisions governing spotted seatrout harvest in a single place. The proposed amendment also would make conforming changes to accommodate proposed amendments to Chapter 53, concerning Finance, published elsewhere in this issue, that would provide for the issuance of all recreational fishing licenses, stamp endorsements, and tags as digital products. In 2021, the department launched a pilot program to determine the feasibility of implementing digital versions of physical licenses, tags, and permits. The results of the pilot program were favorable, and the department is therefore proceeding with respect to making all recreational fishing licenses, stamp endorsements, and tags available as digital products.
The proposed amendment to §57.992, concerning Bag, Possession, and Length Limits, would liberalize commercial harvest regulations for greater amberjack in Texas state waters by increasing the maximum length (currently 34 total inches) to match the current federal standard, which is 40 inches (total length). The amendment is intended to make commercial harvest regulations for greater amberjack consistent with federal regulations, which the department believes will prevent confusion and enhance compliance, administration, and enforcement.
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 the proposed repeals and the proposed amendment to §57.982 regulate various aspects of recreational license privileges that allow individual persons to pursue and harvest 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. Therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.
(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) will repeal an existing regulation, but will not limit 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 Dakus Geeslin (Coastal Fisheries), at (512) 389-8734 (email: Dakus.Geeslin@tpwd.texas.gov). Comments also may be submitted via the department’s website at https://tpwd.texas.gov/business/feedback/public_comment/.
5. Statutory Authority.
The repeals are proposed under the authority of Parks and Wildlife Code, §46.0085, which authorizes the department to issue tags for finfish species allowed by law to be taken during each year or season from coastal waters of the state to holders of licenses authorizing the taking of finfish species; §46.0086, which authorizes the commission to prescribe tagging requirements for the take of finfish; §50.004, which requires the department to issue and prescribe the form and manner of issuance for combination hunting and fishing licenses, including identification and compliance requirements; and 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 repeals affect Parks and Wildlife Code, Chapters 46 and 61.
6. Rule Text.
§57.984. Special Provisions — Digital Exempt Angler Tags.
§57.985. Spotted Seatrout – Special Provisions.
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
The amendment is proposed under the authority of Parks and Wildlife Code, Parks and Wildlife Code, §46.0085, which authorizes the department to issue tags for finfish species allowed by law to be taken during each year or season from coastal waters of the state to holders of licenses authorizing the taking of finfish species; §46.0086, which authorizes the commission to prescribe tagging requirements for the take of finfish; §50.004, which requires the department to issue and prescribe the form and manner of issuance for combination hunting and fishing licenses, including identification and compliance requirements; and 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, Chapters 46 and 61.
§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) – (F) (No change.)
(G) Drum, red.
(i) – (iii) (No change.)
(iv) Except as provided in this subparagraph for red drum taken under a digital product issued under the provisions of §53.18 of this title (relating to Digital Products),[During a license year,] one red drum exceeding the maximum length limit established by this subparagraph may be retained per license year when affixed with a properly executed Red Drum Tag, a properly executed Exempt Angler Red Drum Tag, or with a properly executed Duplicate Exempt Red Drum Tag, and one red drum over the stated maximum length limit may be retained when affixed with a properly executed Bonus Red Drum Tag. Any fish retained under authority of a Red Drum Tag, an Exempt Angler Red Drum Tag, a Duplicate Exempt Red Drum Tag, or a Bonus Red Drum Tag may be retained in addition to the daily bag and possession limit as provided in this section.
(v) A person who lawfully takes a red drum exceeding the maximum length limit under a digital product[license] issued under the provisions of §53.18 of this title[§53.3(a)(12) this title (relating to Super Combination Hunting and Fishing License Packages) or under a lifetime license with the digital tagging option provided by §53.4(a)(1) of this title (relating to Lifetime Licenses) that exceeds the maximum length limit established by this subparagraph] is exempt from any requirement of Parks and Wildlife Code or this subchapter regarding the use of physical [license] tags for that species; however, that person shall immediately upon take ensure that a harvest report is created and submitted via a mobile or web application provided by the department for that purpose. If the absence of data connectivity prevents the receipt of a confirmation number from the department following the report required by this subparagraph, the person who took the red drum is responsible for ensuring that the report required by this subparagraph is uploaded to the department immediately upon the availability of network connectivity.
(vi) It is an offense for any person to possess a red drum exceeding the maximum length established by this subparagraph under a digital product[license or digital tagging] option without being in immediate physical possession of an electronic device that is:
(I) – (II) (No change.)
(vii) (No change.)
(H) – (N) (No change.)
(O) Seatrout, spotted.
(i) – (iii) (No change.)
(iv) Except as provided in clause (v)(II) of this subparagraph, a person may retain[Only] one spotted seatrout greater than 28[30]inches [may be retained] per license year[day]. A spotted seatrout retained under this clause[subclause] counts as part of the daily bag and possession limit.
(v) During a license year, a person fishing under an appropriate physical product may:
(I) retain one spotted seatrout exceeding the length limit established by clause (iv) this subparagraph, provided a properly executed Spotted Seatrout Tag, a properly executed Exempt Angler Spotted Seatrout Tag, or a properly executed Duplicate Exempt Spotted Seatrout Tag has been affixed to the fish; and
(II) additionally, may retain one spotted seatrout exceeding the length limit established by clause (iv) of this subparagraph in addition to a spotted seatrout retained under the provisions of subclause (I) of this clause, provided a properly executed Bonus Spotted Seatrout Tag or properly executed Duplicate Bonus Spotted Seatrout Tag has been affixed to the fish.
(vi) It is an offense for any person to possess a spotted seatrout exceeding the length limit established by clause (iv) of this subparagraph under a digital product issued under the provisions of §53.18 of this title (relating to Digital Products) without being in immediate physical possession of an electronic device that is:
(I) loaded with the mobile or web application designated by the department for harvest reporting under this section; and
(II) capable of uploading the harvest report required by this section.
(vii) A person who takes a spotted seatrout under a digital product issued under the provisions of §53.18 of this title or under a lifetime license with the digital tagging option provided by §53.4(a)(1) of this title (relating to Lifetime Licenses) that exceeds the length limit established by clause (iv) of this subparagraph is exempt from any requirement of Parks and Wildlife Code or this subchapter regarding the use of physical license products for spotted seatrout; however, that person shall immediately upon take ensure that a harvest report is created and submitted via a mobile or web application provided by the department for that purpose. If the absence of data connectivity prevents the receipt of a confirmation number from the department following the report required by this subparagraph, the person who took the spotted seatrout is responsible for ensuring that the report required by this subsection is uploaded to the department immediately upon the availability of network connectivity.
(viii) A person who is fishing under a license identified in §53.4(a)(1) of this title and selected the fulfilment of physical tags must comply with the tagging requirements of this chapter that are applicable to the tagging of spotted seatrout.[Only one spotted seatrout greater than 30 inches may be retained per day.]
(P) – (Y) (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
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.)
(A) Amberjack, greater.
(i) (No change.)
(ii) Minimum length: 40[34] inches.
(iii) (No change.)
(B) – (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