Regulations Committee

Wednesday, 9:00 am, May 26, 2010

Texas Parks and Wildlife Department
Commission Hearing Room
4200 Smith School Road, Austin, TX 78744

Commissioner T. Dan Friedkin, Committee Chair
Ross Melinchuk, Committee Liaison

Approval of Previous Meeting Minutes

  1. Update on TPWD Progress in Implementing the TPWD Land and Water Resources Conservation and Recreation Plan
    Staff:  Carter Smith
    • Rule Review Every Four Years
    • May 15th Shrimp Closure
    • Interstate Wildlife Violators Compact
    • Deepwater Horizon Oil Spill and TPWD Contingency Plans
  2. Update on Implementation of Revisions to Exotic Aquatic Species Rules
    Staff:  Ken Kurzawski
  3. Proposed Seagrass Conservation Rules Regarding the Redfish Bay State Scientific Area — Recommended Adoption of Proposed Changes (Action Item No. 3)
    Staff:  Ed Hegen
  4. Migratory Game Bird Proclamation Update
    Staff:  Dave Morrison
  5. Deer Management Permit (DMP) Rules — Pen Requirements and Release Provisions — Recommended Adoption of Proposed Changes (Action Item No. 4)
    Staff:  Mitch Lockwood
  6. Deer Permit Program Rules — Recommended Adoption of Proposed Changes Standards for Denial/Refusal to Renew  — Inclusion of Lacey Act Violations (Action Item No. 5)
    Staff:  Scott Vaca, Brad Chappell

Committee Agenda Item No. 1
Presenter:· Carter Smith

Regulations Committee
Update on TPWD Progress in Implementing the
TPWD Land and Water Resources Conservation and Recreation Plan
May 26, 2010

I. Executive Summary:  Executive Director Carter Smith will briefly update the Commission on the status of the agency’s efforts to implement the Land and Water Resources Conservation and Recreation Plan (the "Plan").

II. Discussion:  In 2001, the 77thTexas Legislature directed that the Texas Parks and Wildlife Department (TPWD) develop a Land and Water Resources Conservation and Recreation Plan (Tex. Park & Wild. Code §11.104).  In 2002, the Texas Parks and Wildlife Commission (the Commission) adopted the first Plan.  A revised Plan was adopted by the Commission in January 2005.  In November 2009, the Commission approved a new Plan effective January 1, 2010.  The 2010 Plan is available on the TPWD web site.  Executive Director Carter Smith will update the Regulations Committee on TPWD’s recent progress in achieving the Plan’s goals, objectives and deliverables as they relate to the Regulations Committee.

The Plan consists of the following four goals:

Practice, Encourage and Enable Science-based Stewardship of Natural and Cultural Resources

  1. Practice, Encourage and Enable Science-based Stewardship of Natural and Cultural Resources
  2. Increase Access To and Participation In the Outdoors
  3. Educate, Inform and Engage Texas Citizens in Support of Conservation and Recreation
  4. Employ Efficient, Sustainable and Sound Business Practices

Committee Agenda Item No. 2
Presenter:  Ken Kurzawski

Regulations Committee
Update on Implementation of Revisions to
Exotic Aquatic Species Regulations
May 26, 2010

I. Executive Summary:  Staff will brief the Commission on the progress of the implementation of revisions to rules regarding exotic aquatic species as directed in Sunset legislation and preview the regulatory timeline for implementing the revised regulations by the January 2011 deadline.

II. Discussion: In the last legislative session, the Texas Legislature enacted House Bill 3391, commonly referred to as the Sunset Bill, which requires TPWD to publish a list of exotic aquatic plants that are approved for importation or possession in Texas without a permit.  This differs from the current regulations that list exotic aquatic plants that are prohibited or otherwise restricted.  HB 3391 requires the list of approved exotic aquatic plants and revisions to existing rules governing the importation, possession, and sale of exotic plants be effective by no later than December 31, 2010.  An interdivisional team has been working to accomplish this task.  Activities of the team have included informing stakeholders of the new regulatory process, requesting their input and assistance in compiling a draft list of exotic aquatic plants under consideration for approval for sale in Texas, and performing risk assessments on plants under consideration.  Future activities will include continued revision of the plant list, evaluation of possible economic impacts of the new regulatory scheme, and drafting of new rules.  Proposed rules will be presented to the Commission in August for approval to publish in the Texas Register for public comment.  Staff will seek Commission approval for adoption of the rules in November.


Committee Agenda Item No. 4
Presenter:  Dave Morrison

Regulations Committee
Migratory Game Bird Proclamation Update
May 26, 2010

I. Executive Summary:  This item:

II. Discussion: Responsibility for establishing seasons, bag limits, means, methods, and devices for harvesting migratory game birds within U.S. Fish and Wildlife Service (Service) frameworks is delegated to the Commission under Chapter 64, Subchapter C, Parks and Wildlife Code.  Parks and Wildlife Code, §64.022, authorizes the Executive Director, after notification of the Chairman, to engage in rulemaking.  At present, the U.S. Fish and Wildlife Service (Service) has not issued the annual regulatory frameworks for migratory game birds.  Typically, the Service issues the preliminary early-season (dove, teal, snipe, rails, gallinules) frameworks in late June and the preliminary late-season (ducks, geese, cranes) frameworks in early August.  The Service typically issues the final early-season frameworks in early August and the final late-season frameworks in late September.  Because no Commission meetings occur between May and August, the early-season regulations are adopted by the Executive Director in early July, using the rulemaking authority delegated by the Commission.  The late-season regulations are typically adopted by the Commission at the August meeting.

Attachments — 1

1. Exhibit A — Proposed Seasons


Committee Agenda Item No. 4
Exhibit A

Summary:  Proposed 2010-2011 Migratory Game Bird Seasons

Early season species:

Dove:  Staff anticipates that Texas will have a 70-day season with a 15-bird daily bag limit.

*Shooting hours in the SWWDA during the September special season are from noon to sunset.  There is an aggregate daily bag limit of 15 dove (no more than 4 mourning dove and no more than 2 white-tipped dove).  During the general season the aggregate bag limit is 15.

Woodcock:  Staff anticipates that Texas will have a 45-day season with a 3-bird daily bag.

Snipe:  Staff anticipates that Texas will have a 107-day season with an 8-bird daily bag.

Rails/Gallinules/Moorhens:  Staff anticipates that Texas will have a 70-day season.

Daily bag limits:

  • Sora and Virginia rails — 25
  • King and clapper rails — 15
  • Purple gallinules and common moorhens — 15

Teal:  Staff anticipates either a 9-day or a 16-day season with a 4-bird daily bag limit.

Late Season Species:

Ducks:  Staff anticipates a "liberal" package from the U.S. Fish and Wildlife Service.

Daily bag limit:  Coots — 15.

  • Ducks — 6 in the aggregate, to include no more than 5 mallards (only 2 of which may be hens); 3 wood ducks; 2 scaup (lesser scaup and greater scaup in the aggregate); 2 redheads; 1 pintail; 1 canvasback and 1 dusky duck (mottled duck, Mexican like duck, black duck and their hybrids) after the first 5 days in each zone.
  • Mergansers — 5 in the aggregate, to include no more than 2 hooded mergansers

Geese:  Staff anticipates that Texas will have a 107-day season for snow and dark geese and a 72-day season for white-fronted geese in the Eastern Zone, and 95-day for all species in the West Zone.

Daily bag limit:

  • Light geese — 20 in the aggregate
  • Canada geese — 3
  • White-fronted geese — 2

Daily Bag Limit:

  • Light geese — 20 in the aggregate
  • Dark geese — 4 Canada and 1 white-fronted goose

Sandhill Cranes:  Staff anticipates a 93-day crane season with a 3-bird bag limit in Zones A and B, and a 37-day season with a 2-bird bag limit in Zone C.

Falconry:  January 24, 2011 — February 7, 2011 (North and South Zones only).


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