Presenter: Robin Riechers

Commission Agenda Item No. 7
Action
Legislative Rules Review
Chapter 57 – Fisheries
April 2005

I. Executive Summary: This item seeks adoption of the final segment of the legislative rules review of Chapter 57 (Fisheries) of the department's rules.

II. Discussion: Government Code, §2001.039 (the Act), requires each state agency to perform a review of all regulations not less than every four years and to either readopt, amend, or repeal each rule. Notice of proposed review of 31 TAC Chapter 57-Fisheries was published in the Texas Register on December 17, 2004 (29 Tex.Reg. 11751-11752). Following review of this chapter, TPWD staff is recommending several changes to ensure clarity and accuracy of the regulations and to eliminate unnecessary regulations. The proposed changes appeared in the February 25, 2005, issue of the Texas Register (30 TexReg 1023) for Subchapters A, B, E, G, K, and L. No changes were proposed for Subchapters C, D, F, H, I, or J. With the adoption of the proposed amendments and the review of the remaining subchapters, the rule review of Chapter 57 will be complete.

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

"As part of the legislative rules review required by Government Code, §2001.039, the Texas Parks and Wildlife Commission repeals 31 TAC Chapter 57 §57.383 (Subchapter E), and adopts the proposed amendments to 31 TAC Chapter 57, §§57.111, 57.113, 57.114, 57.117, 57.134, 57.135, 57.156, 57.500, 57.921, 57.930, 57.932, and 57.934 (Subchapters A, B, G, K, and L), with changes as necessary to the proposed text as published in the February 25, 2005 issue of the Texas Register (30TexReg 1023). To complete the required rules review, the Texas Parks and Wildlife Commission readopts the contents of 31 TAC Chapter 57, Subchapters C, D, F, H, I, and J without change and the contents of 31 TAC Chapter 57, Subchapters A, B, E, G, K, and L, as amended."


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