Presenter: Julie Horsley

Commission Agenda Item No. 13
Action
Chapter 53 License Fee Adjustments
Non Resident Guide
Commercial Shrimp License Surcharge
Lake Texoma Fishing License
Elimination of Conservation Permit
Honorary Citizen (Definition Issue)
August 2003

I. Discussion: TPWD staff has proposed a number of changes to Chapter 53 intended to (1) incorporate legislative changes specified in House Bill 2470/House Bill 1858 (related to promotion and marketing of the shrimp industry) and Senate Bill 608 (relating to the creation of resident and non-resident fishing guide licenses); (2) eliminate language concerning Conservation Permits; (3) incorporate changes to the Lake Texoma fishing license to ensure comparability with fees in Oklahoma; and (4) allow the governor by proclamation to declare a person to be a Texas resident for the purpose of purchasing a lifetime license.

House Bills 2470 and 1858 require the department to increase certain commercial fishing and business license fees by 10 percent and to deposit the proceeds to the newly established Shrimp Marketing Account, for use by the Department of Agriculture in conducting and operating the new Texas Shrimp Marketing Assistance program. The affected licenses and associated increases are as follows: Resident Commercial Gulf Shrimp Boat ($45); Resident Commercial Bay Shrimp Boat ($34.80); Nonresident Commercial Gulf Shrimp Boat ($135); Nonresident Commercial Bay Shrimp Boat ($75); Retail Fish Dealers ($8.40); Retail Fish Dealers Truck ($15.60); Wholesale Fish Dealers ($75); and Wholesale Fish Dealers Truck ($51).

Senate Bill 608 establishes separate resident and nonresident categories for fishing guide licenses and authorizes the commission to set the fees for each type of license. The proposed change to §53.7 separates the current fishing guide licenses into resident and non-resident categories, and implements fees for the purchase of fishing guide licenses by non-residents. The fee for the nonresident saltwater fishing guide license would be initially identical to that of the resident fishing guide license. As of September 1, 2004 the fee for this license would be $1,000.

The proposed amendment to §53.2 would eliminate the conservation permit and fee, effective January 1, 2004. The permit is being discontinued in favor of a state parks annual pass, to be incorporated into Chapter 59 and effective January 1, 2004.

Chapter 46 of the Parks and Wildlife Code authorizes the commission to set fees for the Lake Texoma fishing license. The proposed amendment would increase the license fee from $7.50 to $12.00 in order to match recent increases proposed by Oklahoma.

Chapters 42, 46 and 50 of the Parks and Wildlife Code authorize the commission to issue lifetime resident hunting, fishing and combination licenses to residents of Texas. Non-residents are currently ineligible for these licenses, however the commission is authorized to designate categories of individuals as residents by regulation. The amendments to §53.2 and §53.3 would provide that a person designated by the Governor as an honorary citizens of Texas will be considered a “resident” for the purpose of being eligible to obtain a lifetime hunting, fishing or combination license.

The proposed amendments above appeared in the July 25, 2003 issue of the Texas Register.

Staff will present a summary of all public comments received at the time of the commission meeting.

III. Recommendation: Staff recommends that the Texas Parks and Wildlife Commission adopt the following motion:

“The Texas Parks and Wildlife Department adopts amendments to 31 TAC §53.2, 53.3. 53.6 and 53.7, concerning License Fees and Boat Motor Fees, with changes to the proposal as published in the July 25, 2003 issue of the Texas Register (28 TexReg 5805).”

Attachment – 1

  1. Exhibit A – Proposed Rules

Commission Agenda Item No. 13
Exhibit A

Miscellaneous Fee Adjustments
Proposal Preamble

1. Introduction.

The Texas Parks and Wildlife Department proposes amendments to §§53.2, 53.3, 53.6, and 53.7, concerning License Fees and Boat and Motor Fees. The amendment to §53.2, concerning Combination Hunting and Fishing Licenses, Packages, and Conservation Permits, eliminates the conservation permit and fee as of January 1, 2004, and would allow the governor by proclamation to declare a person to be a Texas resident for the purpose of allowing that person to purchase a lifetime combination hunting and fishing license. The amendment is necessary because the conservation permit is being discontinued in favor of a state parks annual pass (proposed in another rulemaking) and because the department wishes to be able to allow a nonresident to purchase a lifetime hunting or fishing license as a result of being recognized by the Governor of Texas for special accomplishments or services.

The amendment to §53.3, concerning Other Recreational Hunting and Fishing Licenses, Stamps and Tags increases the fee for the Lake Texoma fishing license (from $7.50 to $12.00) in order to match an identical fee increase by the State of Oklahoma, and would allow the governor by proclamation to declare a person to be a Texas resident for the purpose of allowing that person to purchase a lifetime hunting or fishing license.. The amendment is necessary because the Lake Texoma license is a shared license with the State of Oklahoma, and by agreement, Texas and Oklahoma charge identical fees for issuance. Action by Oklahoma to raise the fee for Texoma licenses purchased in Oklahoma is underway, necessitating similar action by Texas. The amendment is also necessary because the department wishes to be able to allow a nonresident to purchase a lifetime hunting or fishing license as a result of being recognized by the Governor of Texas for special accomplishments or services.

The amendment to §53.6, concerning Commercial Fishing Licenses and Tags, implements a 10% surcharge for the following licenses: resident commercial gulf shrimp boat ($45); nonresident commercial gulf shrimp boat ($135); resident commercial bay shrimp boat ($34.80); nonresident commercial bay shrimp boat ($75). The amendment is necessary to comply with the provisions of House Bill 2470 and House Bill 1858, 78th Regular Session, which require the department to implement a 10% fee increase for certain commercial and business licenses, the revenues to be dedicated to the shrimp marketing assistance program operated by the Texas Department of Agriculture.

The amendment to §53.7, concerning Business Licenses and Permits, implements fees for the purchase of fishing guide licenses by non-residents. As of September 1, 2004 , the fee for the nonresident saltwater fishing guide license would be $1,000, but until that time, the fee will be identical to that of the resident fishing guide license. In addition, the amendment incorporates a legislatively mandated 10% shrimp marketing and promotion surcharge (to be dedicated to the shrimp marketing assistance program operated by the Texas Department of Agriculture) for the following licenses: retail fish dealer’s license ($8.40); retail fish dealer’s truck license ($15.60); wholesale fish dealer’s license ($75); and wholesale fish dealer’s truck license ($51). The amendment is necessary to comply with Senate Bill 608, 78th Regular Session, which created a non-resident fishing guide license. The non-resident saltwater fishing guide fee is necessary to maintain a reasonable ratio between resident and non-resident fees and comparability with nonresident fees charged in other states. The amendment is also necessary to comply with House Bill 2470 and House Bill 1858, 78th Regular Session, which require a 10% fee increase for certain commercial and business licenses, to be dedicated to the shrimp marketing assistance program operated by the Texas Department of Agriculture

2. Fiscal Note.

Paul Hammerschmidt, program director, has determined that for each of the first five years the rules as proposed are in effect, there will be fiscal implications to state government as a result of enforcing or administering the rules. There will be no fiscal implications to units of local government.

The department estimates that there will be no net fiscal implications to state government as a result of eliminating the conservation permit, as it will be replaced by another permit the sales of which are expected to remain approximately constant.

The department estimates that the Lake Texoma fishing license fee increase will result in additional revenue to the department of approximately $111,721, using Fiscal Year 2002 sales of 24,827 Lake Texoma licenses as an estimate of future sales.

The provision allowing the sale of lifetime licenses to certain nonresidents also will result in additional revenue to the department; however, it is impossible to quantify the additional revenue, as the department has no way of estimating how many people will receive the special designation necessary to purchase those licenses.

The department estimates that the fee increases for business and commercial permits (to fund the shrimp marketing plan to be implemented by the Texas Department of Agriculture) mandated by H.B. 2470 and H.B. 1858 will create between $243,397 and $247,846 per year in additional revenue. These estimates were derived by multiplying the dollar amount of the 10% increase by the number of each type of affected license sold in 2002, and factoring in an anticipated decline in sales in the commercial bay shrimp licenses in each year due to the shrimp license buyback program.

The department is unable to estimate the revenue increase resulting from the creation of the non-resident fishing guide license, as it is a new category of license and the department cannot determine how many persons are affected.

3. Public Benefit – Cost Note.

Mr. Hammerschmidt has also determined that for each of the first five years the rules as proposed are in effect:

(A) The public benefit anticipated as a result of enforcing or administering the rules as proposed will be clarification of recent statutory requirements in license definitions, department facilitation of the nascent shrimp marketing assistance program established by House Bill 2470 and House Bill 1858 of the 78th Legislature, compliance with reciprocal agreements between Texas and the State of Oklahoma, and the continued ability of the department to adequately discharge its statutory obligations.

(B) The commercial and business license fee increases for implementation of the shrimp marketing plan operated by the Texas Department of Agriculture will impose a direct cost on some small businesses and microbusinesses. The annual amount of the increase of the license and permit fees under the amendments to these sections ranges from $8.40 to $135. However, there is no difference in the cost of compliance between a large and small business as a result of the proposed amendments. Likewise, there is no disproportionate economic impact on small or microbusinesses. The department does not require persons who purchase licenses or permits to supply detailed information as to the nature or scope of any commercial enterprise in which the license or permit is to be used. The department does not believe, however, that there are many, if any, businesses employing more than 100 persons that will be affected by the proposed rules. Therefore, the department has used the cost-per-employee method for comparing the cost of compliance for small businesses to the cost of compliance for the largest businesses affected by the proposed rules. As required by Government Code, Chapter 2006, the department has determined that it is not possible to reduce the effects of the proposed rule on small businesses and microbusinesses, considering the provisions of the statutes under which the rules are proposed. Otherwise, the amendments are not expected to result in adverse economic impacts for small businesses or microbusinesses.

There will be an economic cost to persons required to comply with the rule as proposed, namely the $4.50 cost of the fee increase to persons purchasing a Lake Texoma license; the 10% surcharge amount for persons affected by the implementation of the shrimp marketing account (from $34.80 to $135, depending on the type of commercial license, and $8.40 to $75, depending on the type of business license); the first-year fee of $200 for a nonresident saltwater fishing guide, which will rise to $1,000 after September 1, 2004; and the fees for a lifetime licenses, which range are $600 for separate hunting and fishing licenses and $1,000 for the combination hunting and fishing license.

(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 impact local economies.

(D) The department has determined that there will not be a taking of private real property, as defined in Government Code, Chapter 2007, as a result of the proposed rules.

4. Request for Public Comment.

Comments on the proposed rules may be submitted to Paul Hammerschmidt, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4650 or 1-800-792-1112, e-mail: paul.hammerschmidt@tpwd.state.tx.us.

The amendments are proposed under the authority of Parks and Wildlife Code, §42.001, which authorizes the commission to designate categories of individuals as residents;

§43.521, which authorizes the commission to issue a conservation permits; §46.104, which authorizes the commission to set fees for the Lake Texoma fishing license; §47.004 , which authorizes the commission to set fees and adopt rules related to fishing guide licenses; §47.009 - 47.011 and 47.103, which authorize the commission to set fees for wholesale and retail fish dealer’s and dealer’s truck licenses; and §77.031 and §77.035, which authorize the commission to set fees for resident and nonresident commercial bay and gulf shrimp boat licenses.

The proposed amendments affect Parks and Wildlife Code, Chapters 43, 46, 47, and 77.

§53.2. Combination Hunting and Fishing Licenses and[,] Packages[, and Conservation Permits].

(a) Combination hunting and fishing licenses:

(1) resident combination hunting and fishing—$42;

(2) replacement combination hunting and fishing—$10;

(3) lifetime resident combination hunting and fishing—$1,000; and

(4) resident senior combination—$10.

(b) Combination license packages:

(1) resident super combination hunting and fishing (package includes combination hunting and fishing license plus the privileges associated with the following stamps: turkey, white-winged dove, archery hunting, state waterfowl, muzzleloader hunting, saltwater sportfishing, and freshwater trout)— $59;

(2) resident senior super combination hunting and fishing (package includes combination hunting and fishing license plus the privileges associated with the following stamps: turkey, white-winged dove, archery hunting, state waterfowl, muzzleloader hunting, saltwater sportfishing, and freshwater trout)—$25.

(c) Conservation permits— $50. This permit is not available after December 31, 2003.

(d) Special provision. A nonresident designated by proclamation of the governor to be an Honorary Citizen for the purpose of buying a lifetime license is a resident for the purpose of purchasing a lifetime license.

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

(a) Hunting licenses:

(1) resident hunting—$23;

(2) lifetime resident hunting—$600;

(3) special resident hunting—$6.00. Residents under 17 years of age, residents who are 65 years old or older, and nonresident hunters who are under 17 years of age on the date of license purchase are designated as residents and may purchase a special hunting license;

(4) replacement hunting—$10;

(5) general nonresident hunting—$300;

(6) nonresident special hunting—$125;

(7) nonresident five-day special hunting—$45;

(8) nonresident spring turkey hunting—$120; and

(9) nonresident banded bird hunting—$25.

(b) Hunting stamps and tags:

(1) turkey—$5.00;

(2) white-winged dove—$7.00;

(3) archery hunting—$7.00;

(4) waterfowl—$7.00;

(5) muzzleloader hunting—$10; and

(6) bonus deer tag—-$10.

(c) Fishing licenses:

(1) resident fishing—$23;

(2) lifetime resident fishing—$600;

(3) special resident fishing—$6.00. Eligibility requirements are as follows: residents who are blind as defined by Human Resources Code, §94.001, and residents who are 65 years of age or older and born on or after September 1, 1930;

(4) temporary (14-day) resident sportfishing—$15;

(5) temporary (three-day) resident sportfishing—$12;

(6) nonresident fishing—$50;

(7) temporary (five-day) nonresident fishing—$30;

(8) replacement fishing —$10; and

(9) Lake Texoma fishing—$12. This fee takes effect January 1, 2004 unless the State of Oklahoma has not imposed an identical fee for the same license, in which case the fee remains at $7.50 [$7.50].

(d) Fishing stamps:

(1) saltwater sportfishing—$7.00;

(2) saltwater sportfishing stamp surcharge, to be effective until September 1, 2005—$3.00; and

(3) freshwater trout—$7.00.

(e) Fishing tags:

(1) tarpon tag—$120;

(2) replacement tarpon tag—$30; and

(3) individual bait-shrimp trawl tag—$35;

(f) Collector's edition stamp package.

(1) A collector's edition stamp package shall consist of one each of the following stamps:

(A) turkey stamp;

(B) white-winged dove stamp;

(C) nongame stamp;

(D) archery stamp;

(E) state waterfowl stamp;

(F) muzzleloader hunting stamp;

(G) saltwater sportfishing stamp; and

(H) freshwater trout stamp.

(2) stamps in the package will not be valid for hunting or fishing.

(3) Fee for the package shall be $10 wholesale price and $20 retail price plus applicable sales tax.

(g) Special provision. A nonresident designated by proclamation of the governor to be an Honorary Citizen for the purpose of buying a lifetime license is a resident for the purpose of purchasing a lifetime license.

§53.6 Commercial Fishing Licenses and Tags.

(a) Shrimping licenses:

(1) Licenses:

(A) resident commercial gulf shrimp boat — $450;

(B) resident commercial bay shrimp boat — $348;

(C) resident commercial bait-shrimp boat — $348;

(D) resident commercial shrimp boat captain's — $30;

(E) nonresident commercial gulf shrimp boat — $1,350;

(F) nonresident commercial bay shrimp boat — $750;

(G) nonresident commercial bait-shrimp boat — $750; and

(H) nonresident commercial shrimp boat captain's — $120.

(2) Shrimping license surcharge for shrimp marketing account:

(A) resident commercial gulf shrimp boat — $45;

(B) resident commercial bay shrimp boat — $34.80;

(C) nonresident commercial gulf shrimp boat — $135; and

(D) nonresident commercial bay shrimp boat — $75.

(3) License transfers:

(A) Transfers between living persons.

(i) resident commercial gulf shrimp boat license transfer – $25;

(ii) resident commercial bay shrimp boat license transfer — $348;

(iii) resident commercial bait-shrimp boat license transfer — $348;

(iv) nonresident commercial gulf shrimp boat license transfer — $25;

(v) nonresident commercial bay shrimp boat license transfer — $750; and

(vi) nonresident commercial bait-shrimp boat license transfer — $750.

(B) Transfers to heirs (as defined in Parks and Wildlife Code, §77.113).

(i) resident commercial bay shrimp boat — $10;

(ii) nonresident commercial bay shrimp boat — $10;

(iii) resident commercial bait shrimp boat — $10; and

(iv) nonresident commercial bait shrimp boat — $10;

(4) [(3)] Replacement License plates:

(A) resident commercial gulf shrimp boat — $25;

(B) resident commercial bay shrimp boat – $25;

(C) resident commercial bait-shrimp boat — $25;

(D) nonresident commercial gulf shrimp boat — $25;

(E) nonresident commercial bay shrimp boat — $25; and

(F) nonresident commercial bait-shrimp boat — $25.

(b) Oystering licenses.

(1) Licenses:

(A) resident commercial oyster boat — $420;

(B) resident sport oyster boat – $12;

(C) resident commercial oyster captain's — $30;

(D) resident commercial oyster fisherman's — $120;

(E) nonresident commercial oyster boat — $1,680;

(F) nonresident sport oyster boat – $48;

(G) nonresident commercial oyster boat captain's — $120; and

(H) nonresident commercial oyster fisherman's — $300.

(2) License transfers:

(A) resident commercial oyster boat transfer — $25; and

(B) nonresident commercial oyster boat transfer — $25.

(3) Replacement License plates:

(A) resident commercial oyster boat — $25; and

(B) nonresident commercial oyster boat — $25.

(c) General, finfish, menhaden, mussel, clam, and miscellaneous licenses.

(1) Licenses and permits.

(A) resident commercial fishing boat — $18;

(B) class A menhaden boat — $4,200;

(C) class B menhaden boat — $50;

(D) resident general commercial fisherman's — $24;

(E) resident commercial mussel and clam fisherman's — $36;

(F) resident shell buyer's — $120;

(G) nonresident commercial fishing boat — $72;

(H) nonresident general commercial fisherman's — $180;

(I) nonresident commercial mussel and clam fisherman's — $960;

(J) nonresident shell buyer's — $1,800;

(K) menhaden fish plant permit — $180;

(L) mussel dredge fee — $36; and

(M) permit to sell non-game fish — $60.

(2) License transfers.

(A) resident commercial fishing boat license transfer — $10; and

(B) nonresident commercial fishing boat license transfer — $10.

(3) Replacement license plates.

(A) resident commercial fishing boat — $10; and

(B) nonresident commercial fishing boat — $10.

(d) Crab licenses.

(1) Licenses and permits.

(A) resident commercial crab fisherman's — $600; and

(B) nonresident commercial crab fisherman's — $2,400.

(2) License transfers.

(A) Transfers between living persons.

(i) resident commercial crab fisherman's — $600; and

(ii) nonresident commercial crab fisherman's — $2,400.

(B) Transfers to heirs (as defined by Parks and Wildlife Code, §78.109).

(i) resident commercial crab fisherman's — $10; and

(ii) nonresident commercial crab fisherman's — $10.

(3) Duplicate license plates.

(A) resident commercial crab fisherman's — $25; and

(B) nonresident commercial crab fisherman's — $25.

(e) Finfish licenses.

(1) Licenses and permits.

(A) resident commercial finfish fisherman's — $360; and

(B) nonresident commercial finfish fisherman's — $1,440.

(2) License transfers.

(A) Transfers between living persons.

(i) resident commercial finfish fisherman's — $360; and

(ii) nonresident commercial finfish fisherman's — $1,440.

(B) Transfers to heirs. A license may be transferred to an heir or devisee of the deceased holder of the commercial finfish license, but only if the heir or devisee is a person who in the absence of a will would be entitled to all or a portion of the deceased's property.

(i) resident commercial finfish fisherman's — $10; and

(ii) nonresident commercial finfish fisherman's — $10.

(3) Duplicate license plates.

(A) resident commercial finfish fisherman's — $25; and

(B) nonresident commercial finfish fisherman's — $25.

§53.7. Business Licenses and Permits. Fish, bait, and shrimp licenses and tags.

(1) Licenses.

(A) retail fish dealer's — $84;

(B) retail fish dealer's truck — $156;

(C) wholesale fish dealer's — $750;

(D) wholesale fish dealer's truck — $510;

(E) bait dealer's — individual — $36;

(F) bait dealer-place of business/building — $36;

(G) bait dealer-place of business/motor vehicle — $36;

(H) bait shrimp dealer's — $204;

(I) finfish import — $90; and

(J) resident fishing guide –

(i) for use in both saltwater and freshwater - $200; and

(ii) for use in freshwater only - $125.

(K) non-resident fishing guide:

(i) for use in both saltwater and freshwater - $200. This fee is $1,000 for the license year beginning September 1, 2004 and thereafter.

(ii) for use in freshwater only - $125.

(2) Business license surcharge for shrimp marketing assistance account:

(A) retail fish dealer's — $8.40;

(B) retail fish dealer's truck — $15.60;

(C) wholesale fish dealer's — $75; and

(D) wholesale fish dealer's truck — $51.

(3) License transfers.

(A) retail fish dealer's license transfer — $10;

(B) retail fish dealer's truck license transfer — $10;

(C) wholesale fish dealer's license transfer — $10;

(D) wholesale fish dealer's truck license transfer — $10;

(E) bait dealer's license transfer — $10;

(F) bait dealer's-place of business/building license transfer — $10;

(G) bait dealer's-place of business/motor vehicle license transfer — $10;

(H) bait shrimp dealer's license transfer — $10;

(I) finfish import license transfer — $10.

(4)[(3)] The fee for the saltwater trotline tag shall be $3.00.

[(4) The provisions of this section take effect September 1, 2002.]

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


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