Texas Parks and Wildlife Commission
Public Hearing

January 2002 Commission Meeting

Committee and Public Hearing Synopsis Reports


REGULATIONS COMMITTEE
Wednesday, January 16, 2002

ITEM 1: Chairman’s Charges

ITEM: 2 Equine Anemia Regulations

Presenter: Jerry Cooke

This item amends the Public Lands Proclamation and State Park Operational Rules to require every equine entering a state park or unit of public hunting land to be accompanied by evidence of a recent negative test result for Equine Infectious Anemia.

ITEM 3: Cervid Disease Issues

Presenter: Jerry Cooke

The high visibility of Chronic Wasting Disease (CWD), Bovine Tuberculosis (TB) etc. in the news media has led to an increasing public awareness of their potential threat to the wild deer resources in Texas. Recent actions by the Texas Animal Health Commission (TAHC) in prohibiting the importation of elk, white-tailed deer, mule deer, and black-tailed deer from the State of Colorado highlight the importance of cervid diseases to livestock raisers in Texas. Because the Parks and Wildlife Commission regulates possession of white-tailed deer and mule deer held under Scientific Breeder Permits, there are rules that can be adopted by the Parks and Wildlife Commission to assist the TAHC in their efforts. For example, statute requires deer that are “sold, bartered, or exchanged or offered for sale, barter, or exchange” be in a “healthy condition.” Defining “healthy condition” within the context of TAHC monitoring and testing programs would constitute such assistance. This proposal would define a deer in “healthy condition” as one coming from a Scientific Breeder Facility having a herd health management plan approved by TAHC or meeting the minimum TAHC monitoring/testing requirements for TB and CWD. Also, the proposal would restrict sale, transportation, temporary transfer, and liberation to only those deer from facilities meeting that definition. Representatives of the TAHC are expected to be present to answer questions.

ITEM 4: Statewide Oyster Fishery Proclamation Amendments

Presenter: Robin Riechers

This item proposes amendments to Chapter 58, Subchapter A (Statewide Oyster Fishery). Proposed amendments are initiated at the direction of Senate Bill 305, 77th Legislature, Regular Session and primarily affect the oyster lease program. Amendments include edit items for clarification and proposed amendments to provide consistency with Parks and Wildlife Code Chapter 76 as modified in Senate Bill 305.

The proposed amendments include:

ITEM 5: Statewide Hunting and Fishing Proclamation

Presenters: Phil Durocher, Hal Osburn, Gary Graham

This item briefs the Regulations Committee on potential changes to the 2002-2003 Statewide Hunting and Fishing Proclamation. The potential changes include:

ITEM 6: Public Lands Proclamation 2002-2003

Presenter: Herb Kothmann

This item proposes amendments to the Public Lands Proclamation and apprises the Committee of candidate state parks for public hunting opportunity. The proposed changes to the Public Lands Proclamation include:

ITEM 7: Standards for Qualification of Open Space Land Used for Wildlife Management

Presenter: Kirby Brown

This item briefs the Commission on the status of wildlife use tax valuations standards required by House Bill 3123, enacted during the most recent legislative session. The briefing will address:

FINANCE COMMITTEE
Wednesday, January 16, 2002

ITEM 1: Chairman’s Charges

ITEM 2: Financial Review and Update

Presenter: Suzy Whittenton

Staff will present a financial review for the year to date FY2002, including an update on Account 9, Game, Fish and Water Safety and Account 64, State Parks. This presentation will focus on the sale of hunting and fishing licenses, boat registration and titling fees, and state park fees. Updated budget and expenditure information will also be presented.

ITEM 3: License System Update

Presenter: Jayna Burgdorf

Staff will update the Commission on the implementation of the new license system. The update will include information regarding the closeout of the Transactive system and the statistics related to license agents selling via the WorldCom system. Staff will cover the call center and internet sales capabilities of the system, as well.

ITEM 4: License and Permit Fees

Presenter: Suzy Whittenton, et al

Staff will brief the committee on issues related to license and permit fees, including proposed fee increases and proposed changes to rules aimed at streamlining and clarifying existing provisions. The presentation will include:

Staff will request permission to publish the proposed changes in the Texas Register for public comment.

NOTE: As of this writing, staff is in the process of developing the fee proposals. Proposed changes to rules will be available and distributed prior to the commission meeting

ITEM 5: Boat Fees

Presenter: Suzy Whittenton, Dennis Johnston

This item reviews proposed changes to (1) boat registration and titling fees and (2) new boating industry registration requirements and fees, published for public comment in the December 14, 2001 issue of the Texas Register, and requests permission to forward the proposal to the full commission for final adoption.

Proposed rules submitted to the Texas Register included the following changes to boat related fees:

As of this writing, comments on these proposals were still being received. A complete summary of the comments will be provided at the presentation.

ITEM 6: Park Fees

Presenter: Walt Dabney

Proposed changes to 31 Texas Administrative Code, chapter 59, subchapter A, Rules § 59.2 and § 59.3 are required as parks are reaching current maximum Commission established fee ranges.

ITEM 7: Nonprofit Partners, Employee Fundraising, and Youth-Appropriate Advertising

Presenter: Gene McCarty

This item proposes new regulations required by SB 305 (Sunset) published in the December 14, 2001 issue of Texas Register for 30-day public comment (26 TexReg 10228). The proposed rules include:

ITEM 8: Grants
- Local Park Funding
- Indoor Recreation Grants

Presenter: Tim Hogsett

Local Park Funding

Indoor Recreation Grants

ITEM 9: Small Community Grant Projects and Regional Grants

Presenter: Tim Hogsett

This item proposes to:

CONSERVATION COMMITTEE
Wednesday, January 16, 2002

ITEM 1: Chairman’s Charges

ITEM 2: Land Transfer – Lake Rita Blanca State Park

Presenter: Walt Dabney

This item proposes to:

ITEM 3: Naming Historic Sites and Parks

Presenter: Walt Dabney

The purpose of this item is to request Commission action regarding the renaming of TPW “historical parks” to “historic(al) sites” in response to the Sunset Commission’s mandate during the 77th Legislative session.

ITEM 4: Land Acquisition – Uvalde County (Garner)

Presenter: Karen Leslie

The purpose of this item is to seek approval to acquire approximately 127 acres adjacent to Garner State Park.

This item will:

ITEM 5: Land Acquisition – Brewster County (Black Gap)

Presenter: Jack Bauer

Land acquisition of three in-holding tracts totaling 1340 acres from 8 landowners within the Black Gap WMA is recommended.

AD HOC INFRASTRUCTURE COMMITTEE
Wednesday, January 16, 2002

ITEM 1: Chairman’s Charges

ITEM 3: Proposition 8 Project Strategy

Presenter: Scott Boruff

The Commission will be given a presentation on the strategy of Proposition 8 bond implementation.

OUTREACH AND EDUCATION COMMITTEE
Wednesday, January 16, 2002

ITEM 1: Chairman’s Charges

ITEM 2: Hunter Education

Presenters: Dr. Larry McKinney/Steve Hall

Discussion of the hunter education program at the last Outreach & Education Committee meeting spawned questions about overall convenience and whether hunter education is a barrier to participation. This briefing brings forth the facts about hunter recruitment, the Texas hunter education law/program, federal aid requirements, alternative methods of delivery and why the Texas program is currently considered one of the best in North America by the International Hunter Education Association.

ITEM 3: Texas Parks and Wildlife Outreach – Status Report

Presenters: Steve Hall/Leah Huth

Briefing on the status of education and outreach efforts, particularly those related to: 1) Sunset Bill recommendations, 2) the newly appointed Outreach and Education Advisory Group and TPW Leadership Team, and 3) Statewide and regional outreach strategies including Outdoor Kids and pilot Outdoor Ambassador workshop scheduled in early January.

ITEM 4: Community Outdoor Outreach Grant Program

Presenter: Darlene Lewis

Will update the Commission on the recent Community Outdoor Outreach Program

Awards as well as update them on the Outdoor Ambassadors/TX Buffalo Soldiers Workshop.

ITEM 5: Buffalo Soldiers Outreach Program Update

Presenter: Ken Pollard

Update on the partnerships of the Texas State Parks - Community Services Education & Outreach Programs, Texas Buffalo Soldiers, Exploring Texas Roots, Blazing New Trails and the Texas Buffalo Soldiers Heritage Trail. Partnerships are paramount in developing the statewide minority base of volunteers and organizations. Three successful statewide partnerships that target minority communities through Community Services Education & Outreach Programs will be highlighted.

The Cowboys of Color Southwest Rodeo Tour with report on the 2001 Rodeo Tour – Minority adult outreach initiative; established in 2000


PUBLIC HEARING SYNOPSIS REPORTS
PUBLIC HEARING
January 17, 2002

Approval of the Minutes from the previous meetings.
Acceptance of Gifts
Retirement Certificates and Service Awards

ITEM 1: ACTION – Approval of Agenda

ITEM 2: ACTION – Equine Anemia Regulations

Presenter: Jerry Cooke

This item amends the Public Lands Proclamation and State Park Operational Rules to require every equine entering a state parks or unit of public hunting land to be accompanied by evidence of a recent negative test result for Equine Infectious Anemia.

ITEM 3: ACTION - Statewide Oyster Fishery Proclamation Amendments

Presenter: Robin Riechers

This item proposes amendments to Chapter 58, Subchapter A (Statewide Oyster Fishery). Proposed amendments are initiated at the direction of Senate Bill 305, 77th Legislature, Regular Session and primarily affect the oyster lease program. Amendments include edit items for clarification and proposed amendments to provide consistency with Parks and Wildlife Code Chapter 76 as modified in Senate Bill 305.

The proposed amendments include:

ITEM 4: ACTION – Boat Fees

Presenter: Suzy Whittenton, Dennis Johnston

This item reviews proposed changes to (1) boat registration and titling fees and (2) new boating industry registration requirements and fees, published for public comment in the December 14, 2001 issue of the Texas Register, and requests permission to forward the proposal to the full commission for final adoption.

Proposed rules submitted to the Texas Register included the following changes to boat related fees:

The proposed rules also establish a program to identify and classify participants in the vessel and outboard motor industry, as provided in Senate Bill 305, Section 31.006(f). The proposed rules provide for the following:

As of this writing, comments on these proposals were still being received. A complete summary of the comments will be provided at the presentation.

ITEM 5: ACTION – Park Fees

Presenter: Walt Dabney

Proposed changes to 31 Texas Administrative Code, chapter 59, subchapter A, Rules § 59.2 and § 59.3 are required as parks are reaching current maximum Commission established fee ranges.

ITEM 6: ACTION – Nonprofit Partners, Employee Fundraising, and Youth-Appropriate Advertising

Presenter: Gene McCarty

This item proposes new regulations required by SB 305 (Sunset) published in the December 14, 2001 issue of Texas Register for 30-day public comment (26 TexReg 10228). The proposed rules include:

ITEM 7: ACTION – Land Transfer – Lake Rita Blanca State Park

Presenter: Walt Dabney

This item proposes to:

ITEM 8: BRIEFING – Recreational Metal Detecting

Presenter: Walt Dabney

The purpose of this item is to provide the Commission with an overview of efforts to legalize recreational metal detecting on TPW lands.

ITEM 9: ACTION - Local Park Funding

Presenter: Tim Hogsett

ITEM 10: ACTION - Indoor Recreation Grants

Presenter: Tim Hogsett

ITEM 11: ACTION – Small Community Grant Projects and Regional Grants

Presenter: Tim Hogsett

This item proposes to:

ITEM 12: Land Acquisition – Uvalde County (Garner)

Presenter: Karen Leslie

ITEM 13: Land Acquisition – Brewster County (Black Gap)

Presenter: Jack Bauer

Land acquisition of three in-holding tracts totaling 1340 acres from 8 landowners within the Black Gap WMA is recommended.


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