Presenter: Ann Bright

Commission Agenda Item No. 6
Action
Rule Review-Adoption of Proposed Changes to Chapters 57 and 65
March 26, 2009

I. Executive Summary: Section 2001.039 of the Texas Government Code requires state agencies to review each rule under its jurisdiction at least once every four years. As a result of this review, Texas Parks and Wildlife Department (TPWD) staff is requesting that the Texas Parks and Wildlife Commission (the Commission) adopt changes to Chapters 57 and 65 of TPWD rules.

II. Discussion: In November 2008, the Commission authorized Texas Parks and Wildlife Department (TPWD) staff to review the following chapters of Title 31, Part II of the Texas Administrative Code: Chapter 57, Fisheries; Chapter 65, Wildlife. In January 2009, TPWD staff presented several recommended changes to these chapters and received permission to publish proposed changes in the Texas Register, for public comment. The following proposed changes were published in the Texas Register on Friday, February 20, 2009:

Chapter 57, Fisheries:

Subchapter A, Harmful or Potentially Harmful Fish, Shellfish and Aquatic Plants.

§57.111, Definitions. Update and/or correct species names.

§57.112, General Rules. Replace the term "public waters" with "waters of this state."

Subchapter B, Mussels and Clams

§57.156, Definitions. Correct an inaccurate reference to the title of a publication concerning bivalve mollusks.

§57.157, Mussels and Claims. Correct the spelling of the Tampico pearlymussel, Cyrtonaias tampicoensis.

Subchapter C, Introduction of Fish, Shellfish and Aquatic Plants.

§57.252, General Provisions. Extend from 10 days to 60 days the time period in which a permittee must remove enclosures and associated infrastructure from public waters as a result of permit expiration or revocation to address a change intended to be made in a previous rulemaking.

§57.258, Prohibited Acts. Extend from 10 days to 60 days the time period in which a permittee must remove enclosures and associated infrastructure from public waters as a result of permit expiration or revocation.

Subchapter E, Permits to Sell Nongame Fish Taken from Public Fresh Water

§57.377, Definitions. Update the definition of game fish.

Subchapter F, Collection of Broodfish from Texas Waters

§57.397, Broodfish Permit; Revocation. Modify to reflect the fact that revocation of a permit is done by the department rather than by the executive director.

Chapter 65, Wildlife

Subchapter H, Public Lands Proclamation.

§65.190, Applications. Add the McGillvray and Leona McKie Muse Wildlife Management Area (WMA) to the list of WMAs; change the name of the Peach Point WMA to the Justin Hurst WMA.

§65.201, Motor Vehicles. Amend to clarify the use of off-road vehicles by persons assisting disabled hunters

§65.202, Minors Hunting on Public Land. Replace the word "minor" with the word "youth" and add a requirement that youth under the age of 12 be accompanied by a permitted adult when hunting.

Subchapter J, Bobcat Proclamation.

§65.256, Penalties. Correct the Texas Parks and Wildlife Code citation from Chapter 71 Furbearers to Chapter 67, Nongame since bobcats are considered nongame, not furbearers.

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

"The Texas Parks and Wildlife Commission adopts amendments to §§57.111, 57.112, 57.156, 57.157, 57.252, 57.258, 57.377, and 57.397, concerning Fisheries and §§65.190, 65.201, 65.202, and 65.256 concerning Wildlife as published in the February 20, 2009, issue of the Texas Register (34 Tex. Reg. 1183, 1219), with changes as necessary to the proposed text, and also adopts the completed rule review of Chapters 57 and 65 of the Texas Parks and Wildlife Department rules (Title 31, Part II of the Texas Administrative Code)."

Attachments - 2

  1. Exhibit A - Chapter 57, Proposed Rule Amendments
  2. Exhibit B - Chapter 65, Proposed Rule Amendments

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