Presenter: Ken Kurzawski

Commission Agenda Item No. 12
Action
Reciprocal Fishing Agreements and Fishing Rules
August 1999

I. Discussion: Texas currently has reciprocal fishing agreements with Oklahoma, Louisiana, and Kansas. Our residents that are becoming 65 years of age currently purchase a special resident fishing license for $6.00. Residents who were born before September 1, 1930 are exempt from the requirement of having a fishing license. Current regulations allow nonresidents from Oklahoma 64 years of age or older and nonresidents from Kansas and Louisiana 65 years of age and older to fish without a license in Texas. The Executive Director sent letters to the three states involved last October of our intention to eliminate the current exemption for their seniors. The amendments proposed to our fishing license exemption and fee rules would provide the same rules for nonresidents fishing in Texas that we require of our residents if the nonresidents' state of residence is willing to enter into an agreement to provide the same privilege to our citizens.

The proposed rule change would also clarify the practice of selling a Special Resident Fishing license to persons otherwise exempt from purchasing a fishing license and persons who purchase a temporary fishing license in order for these individuals to obtain a red drum tag.

The Finance Committee at its April 1999 meeting authorized staff to publish changes to the reciprocal license agreements in the Texas Register for public comment. The proposed proclamation appeared in the July 16, 1999, issue of the Texas Register (24 TexReg 5458). A summary of public comments on the proposed proclamation will be available to the Commission at the time of the hearing.

II. Recommendation: The staff recommends the Texas Parks and Wildlife Commission adopt the following motion:

"The Texas Parks and Wildlife Commission adopts amendments to 31 TAC §§53.1 and 53.3 concerning fishing license fees, exemptions, and rules as shown in Exhibit A."

Attachments - 2

1. Exhibit A – Proposed Regulations
2. Exhibit B – Fiscal Note (Exhibit B Available Upon Request)


Commission Agenda Item No. 12
Exhibit A

Proposed Preamble

1. Introduction.

Texas Parks and Wildlife Department proposes amendments to §§53.1 and 53.3 concerning fishing license fees and exemptions. Texas currently has reciprocal fishing agreements with Oklahoma, Louisiana, and Kansas. Texas residents that are becoming 65 years of age currently purchase a special resident fishing license for $6.00. Residents who were born before September 1, 1930 are exempt from the requirement of having a fishing license. Current regulations allow nonresidents from Oklahoma 64 years of age or older and nonresidents from Kansas and Louisiana 65 years of age and older to fish without a license in Texas. The Executive Director sent letters to the three states involved last October of our intention to eliminate the current exemption for their seniors. The amendments proposed to our fishing license exemption and fee rules would provide the same rules for nonresidents fishing in Texas that we require of our residents if the nonresidents' state of residence is willing to enter into an agreement to provide the same privilege to our citizens.

The proposed rule change would also clarify the practice of selling a Special Resident Fishing license to persons otherwise exempt from purchasing a fishing license and persons who purchase a temporary fishing license in order for these individuals to obtain a red drum tag.

2. Fiscal Note

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 enforcing or administering the rules. The department may gain some additional revenue from non-residents who now will be required to purchase a license to fish in Texas waters.

3. Cost Benefit Analysis.

(A) The public benefit anticipated as a result of enforcing the rules as proposed will be that non-resident seniors will be charged the same amount or more for the same fishing rights as Texas residents. Currently under the existing reciprocal agreements with three states non-resident seniors are being allowed to fish free while Texas residents of the same age are having to purchase a fishing license.

(B) There will be no effect on small businesses. There will be a small cost to persons required to comply with the rules as proposed. There will be no additional fiscal implications to state or local governments.

(C) The department has not filed a local impact statement with the Texas Workforce Commission as required by Government Code, §2001.022, as this agency has determined that the rules as proposed will not impact local economies.

(D) 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.

4. Comments on the proposed rules may be submitted to Jim Dickinson, Chief Financial Office, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4417 or 1-800-792-1112.

5. The amendments are proposed under the authority of Parks and Wildlife Code, Chapter 41, Reciprocal Hunting and Fishing Privileges and Chapter 46, Subchapter A, § 46.002, General Fishing Licenses which provides the Commission with authority to waive or lower fishing license fees. Parks and Wildlife Code §46.002 is affected by the proposed amendments.

§ 53.1. License Issuance Procedures, Fees, Possession and Exemption Rules.

(a)-(c) (No change.)

(d) The following categories of persons are exempt from fishing license requirements and fees for the license years beginning September 1, (1999) [1995], and thereafter:

(1) –(2) (no change.)

[(3) non-residents 65 years of age or older from Kansas and Louisiana; ]

(3) [(4)] non-residents whose birthdate is before September 1, 1930 and whose state of residence enters into a reciprocal agreement with Texas [ non-residents 64 years of age or older from Oklahoma];

(4) [(5)] residents whose birth date is before September 1, 1930;

(5) [(6)] persons who hold valid Louisiana non-resident fishing licenses while fishing on all waters inland that form a common boundary between Texas and Louisiana from a line across Sabine Pass between Texas Point and Louisiana Point if the State of Louisiana allows a reciprocal privilege to persons who hold valid Texas annual or temporary non-resident fishing licenses; and

(6) [(7)] residents of Louisiana who meet the licensing requirements of their state while fishing on all waters inland that form a common boundary between Texas and Louisiana from a line across Sabine Pass between Texas Point and Louisiana Point if the State of Louisiana allows a reciprocal privilege to Texas residents who hold valid Texas fishing licenses.

(e) (No change)

§ 53.3. Other Recreational Hunting and Fishing Licenses, Stamps, and Tags

(a)-(c) (No change).

(d) Fishing licenses. The following license fee amounts are effective for the license year beginning September 1, 1999 [1996], and thereafter:

(1)-(2) (No change).

(3) special resident fishing (type 203)—$6.00.[;] Nonresidents who are 65 years of age or older and whose state of residence enters into a reciprocal agreement with Texas are designated as residents and may purchase a special resident fishing license;

(4)-(9) (No change).

(e) –(g) (No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be a valid exercise of the agency's authority.

Issued in Austin, Texas on


Top of Page
Back to Top
Back to Top