Texas Parks and Wildlife Commission
Commission Meeting

Nov. 5, 2009

Commission Hearing Room
Texas Parks & Wildlife Department Headquarters Complex
4200 Smith School Road
Austin, TX 78744

BE IT REMEMBERED, that heretofore on the 5th day of November, 2009, there came to be heard matters under the regulatory authority of the Texas Parks and Wildlife Commission in the Commission Hearing Room of the Texas Parks and Wildlife Department Headquarters Complex, to wit:

APPEARANCES:

THE TEXAS PARKS AND WILDLIFE COMMISSION:

THE TEXAS PARKS AND WILDLIFE DEPARTMENT:

Donations of $500 or more not Previously Acknowledged by the Commission — November 5, 2009
Item Donor Description Details *Amount
1 Maritech Resources, Inc. Cash Artificial Reef Program Rigs-to-Reefs $118,700.00
2 Texas Lures & Leaders Cash General Donation from the proceeds of the Texas Lures & Leaders Fishing Tournament $670.00
3 Saltwater Enhancement Association Controlled Item Seventeen (17) Garmin GPSMAP GPS units for Law Enforcement $15,640.00
4 The Battleship Texas Foundation Cash For restoration of the Battleship Texas $2,000,000.00
5 Global Impact (Halliburton Employees & Halliburton) Cash General Donation $1,011.48
6 McMoRan Oil and Gas LLC Cash Artificial Reef Program Rigs-to-Reefs $75,000.00
7 Ryan Rhodes In-Kind Services Ryan volunteered his services in helping perform Infrastructure maintenance and habitat management activities on Old Sabine bottom and Tawakoni WMAs. $504.00
8 Rowan Companies, Inc. Cash Artificial Reef Program Rigs-to-Reefs $87,750.00
9 Dick's Sporting Goods Other Goods One (1) Coleman Classic Lantern, One (1) Coleman Retro Lantern, One (1) Powerpack stove, One (1) Coleman Rechargeable flashlight, One (1) Coleman Exponent Cooking Kit, One (1) Coleman comfort Smart Quickbed, Two (2)Coleman Laurel Ridge Sleeping bags for the Urban Outdoor Program Outreach $850.00
10 Texas Parks and Wildlife Foundation Cash For the purchase of catfish and 02 regulators for the Texas Toyota Bass Classic in support of 'Neighborhood Fish' $138,300.00
11 Friends of Galveston Island State Park Capital Property Two (2) new John Deere 997 Riding Mowers $32,000.00
12 Arriba Pescado Fishing Tournament Cash Proceeds from the Arriba Pescado Fishing Tournament for the general operating budget $2,000.00
13 Partners of Palo Duro Canyon, Inc. Capital Property One(1) used 1998 Chevrolet Pickup to be used for fire fighting vehicle and equipment towing at Palo Duro Canyon $6,000.00
14 Texas Parks and Wildlife Foundation Cash For the Sheldon Lake Observation Tower $125,000.00
      Total $2,603,425.48

*Estimated value used for goods and services

Texas Parks and Wildlife Department, November 5, 2009, Retirement Awards
Division Name Title Location Service
State Parks Jerry Salmon Prog. Superv. II Wichita Falls 36 Years
Inland Fisheries Rollin MacRae NRS VI Austin 27 Years
Texas Parks and Wildlife Department, November 5, 2009, Service Awards
Division Name Title Location Service
Law Enforcement Arthur Lawrence Game Warden Bay City 40 Years
Inland Fisheries Phil Durocher Director III Austin 35 Years
Law Enforcement Malcolm Chris McDonald Game Warden Beeville 35 Years
Coastal Fisheries Richard Spaw F&W Tech. IV Corpus Christi 30 Years
Coastal Fisheries Kyle Spiller NRS VI Corpus Christi 30 Years
Inland Fisheries Jack Ralph Natural Res. Spec. V Austin 30 Years
State Parks Emmitt Brotherton Program Supv. II Del Rio 30 Years
State Parks Edward Anthony Evans Parks Spec. III Austin 30 Years
Coastal Fisheries Domingo Sanchez F&W Tech. IV Rockport 25 Years
Law Enforcement Beverly Campbell Admin. Asst. IV Tyler 25 Years
State Parks Janie Reeh Park Spec. III Austin 25 Years
State Parks Cruz Ann Tanner Admin. Asst. III Livingston 25 Years
Wildlife Ruben Cantu Manager V San Angelo 25 Years
Information Tech. Mark Alan Miller Manager IV Austin 20 Years
State Parks John Stuart Program Supv. II Vanderpool 20 Years
Texas Parks and Wildlife Commission
Commission Meeting
(Testified)
November 5, 2009
Name/Organization, Address Item Number Matter of Interest
Saloeurn Yin, 8203 S. Summer Lane, Rosharon, TX, Representing the Cambodian farmers [37 individuals attended the Regulations Committee on Nov. 4, 2009 to listen to the staff presentation and Commission discussion regarding the water spinach issue. At least that many people attended the Commission Meeting on Nov. 5, 2009, but were not asked to sign a registration form since they were not going to testify.] #6 — Harmful or Potentially Harmful Fish, Shellfish, and Aquatic Plants — Special Provision — Water Spinach Regulations For — Water spinach regulations
Pich Chun read a statement on behalf of Johnny Boph B&K Lucky Farm and, Cambodian farmers, 6714 Amy Lane, Rosharon, TX #6 — Water Spinach — Harmful or Potentially Harmful Fish, Shellfish, and Aquatic Plants — Special Provision — Water Spinach Regulations For — Water spinach regulations
Kirby Brown Texas Wildlife Association, 2800 NE Loop 410, Ste. 105, San Antonio, TX 78218 #9 — Interstate Wildlife Violator Compact For
Karl Kinsel Texas Deer Association, 403 East Ramsey, Ste. 204, San Antonio, TX #9 — Interstate Wildlife Violator Compact For
Kirby Brown Texas Wildlife Association, 2800 NE Loop 410, Ste. 105, San Antonio, TX 78218 #10 — Deer Breeder Rules — Deer Importation For
Karl Kinsel Texas Deer Association, 403 East Ramsey, Ste. 204, San Antonio, TX #10 — Deer Breeder Rules — Deer Importation For
Kirby Brown Texas Wildlife Association, 2800 NE Loop 410, Ste. 105, San Antonio, TX 78218 #16 — Texas Parks and Wildlife Department Land and Water Resources Conservation and Recreation Plan For

P R O C E E D I N G S

COMMISSIONER HOLT: Hello, everybody. We have quite a crowd today. Welcome, welcome, welcome to the Texas Parks and Wildlife. Good morning. This meeting is called to order November 5th, 2009, at nine o'clock.

Before proceeding with any business, I believe Mr. Smith has a statement to make. Mr. Smith.

MR. SMITH: I do, Mr. Chairman. Thank you.

A public notice of this meeting containing all items on the proposed agenda has been filed in the office of the Secretary of State, as required by Chapter 551, Government Code, referred to as the Open Meetings Act. I would like for this fact to be noted in the official record of the meeting.

Also, we've got a lot of guests today and it's always nice to see a standing-room-only crowd at the Commission meeting. I know we've got a few of you who have never been here before and so, just a couple of little housekeeping things because the Commission does have a lot of business. I'd ask if all of you could be so kind as to either turn off your cell phones or BlackBerries or if you could just put them on silent.

If you've got conversation that you need to have during the course of the morning, don't hesitate just to go ahead and step outside. The acoustics are not great in this building so if you can give us a little space between the building that would certainly help to make sure that there's no interference with business inside this room.

There are a number of action items that the Commission will consider today. Some of you are here to speak on those items. If you are, I want to make sure that you've had a chance to sign up out front with your name and the topic that you want to speak on.

At the appropriate time, Chairman Holt will call you forward by name, ask you to come to the microphone. Please state your name and the group that you're with. We're going to give you three minutes to share your perspective on that issue with the Commission. I'm going to monitor you with a green/yellow/red light that I know you all know; green means go, yellow means start to wind it down and red means stop.

The first person who exceeds the red light and stops in mid-sentence, my colleague Gene McCarty, will buy you a lifetime hunting and fishing license.

(Laughter.)

COMMISSIONER HOLT: Are you implying that we run red lights here? Are you done, Mr. Smith?

Thank you, sir, thank you.

Next is the approval of the minutes from the previous meetings held August 27th, 2009, and October 6th and 7th at our retreat, 2009, which have already been distributed. Is there a motion for approval?

COMMISSIONER MARTIN: So move.

COMMISSIONER HUGHES: Second.

COMMISSIONER HOLT: Okay. Commissioner Martin and second, Commissioner Hughes. All in favor please say aye.

(A chorus of ayes.)

COMMISSIONER HOLT: Any opposed?

(No response.)

COMMISSIONER HOLT: Hearing none, motion carries. Thank you. Next is acknowledgment of the donations list, which has also been distributed. I just, as always, want to thank all those that donate to Texas Parks and Wildlife. We get help from lots of different places and literally, on an almost daily, certainly weekly basis, that helps us accomplish our mission.

Do I have a motion for approval on our Donations?

COMMISSIONER HIXON: So move.

COMMISSIONER FALCON: Second.

COMMISSIONER HOLT: Commissioner Hixon. Second by Commissioner Falcon. All in favor please say aye.

(A chorus of ayes.)

COMMISSIONER HOLT: Any opposed?

(No response.)

COMMISSIONER HOLT: Hearing none, motion carries. Chairman, next are the Service Awards. I love my Service Awards and the Special Recognitions. Thank you.

MR. SMITH: Thank you, Mr. Chairman and Commission. We've got a number of awards today and we're going to recognize a couple of our colleagues who have just recently retired from the agency, and kind of celebrate their good deeds and then we're going to talk about a number of colleagues that have literally given decades of service to the state.

And I want to kick it off with someone who had a lot of firsts in his career, Rollin MacRae, a longtime biologist with this agency, with us for almost 30 years. He's a biologist, starting off in our Resource Protection Division, later on in Inland Fisheries, very instrumental in developing the state's mitigation banking guidelines, helped, ultimately, bring over about 12,000 acres to the agency as part of some wetland mitigation that we now steward. Worked with the Corp to use beneficial dredge foil material along the coast, to set up rookery islands and other habitats, helped develop the state's coastal management plan just contributed in many, many ways to this agency.

Very sorry to see him go and his great institutional memory. I actually think of Rollin every day. I know that when all of you drive up to this building, you are silently thinking about the architectural splendor of this place

(laughter.)

MR. SMITH: and a little history on that; the big bay windows overlooking McKinney Falls State Park to our west historically the building was supposed to be oriented the other way and, as legend has it, a commissioner decided that we ought to flip the building the other way and so, so that when you're in your office you have the view out over the park. Now that means that you face that dreadful western sun and so Rollin, being Rollin, having that sun exposed to him decided that it would be a good idea to plant some trees to block that and so every day I get to look out at some big oak trees that Rollin planted many, many years ago.

So, Rollin MacRae, 27 years retiring. Rollin?

COMMISSIONER HOLT: Congratulations. You saved us

from ourselves.

(Pause for photos.)

MR. SMITH: We're now going to recognize one of our long-standing park superintendents, Lynn Salmon and Lynn started as a summer employee at Palo Duro Canyon back when he was in high school before we had child labor laws. We put him to work, worked here seven summers through high school and college. When he got out he became a park ranger there at Copper Breaks State Park, ultimately went to Bastrop as Assistant Park Superintendent. Was at Lewisville and then ultimately he finished up his career there at Lake Arrowhead near Wichita Falls. Done a great job managing that park and I know that Wichita Falls and that community is sorry to see him go. He made a lot of contributions to this department. And so, Lynn Salmon. Lynn, please come forward.

(Applause.)

MR. SMITH: Just, I think, oh, a couple of meetings ago, that we honored a game warden named Arthur for 40 years of service; Arthur McCall, down in Pleasanton.

We're now going to do the same for Arthur Lawrence. Arthur started his career with this agency 40 years ago, was stationed up on the upper coast along Beaumont, transferred down to Port O'Connor and then he's been at Bay City there in Matagorda County for several decades. As a coastal game warden, you get to deal with anything and everything, on the fishing and hunting side and commercial and recreational side, as he put it in his understated manner, It's been an interesting law enforcement career with the agency. So, he's seen it all, Arthur Lawrence, 40 years with this agency. Arthur.

(Applause.)

COMMISSIONER HOLT: Congratulations.

MR. LAWRENCE: Thank you, sir.

MR. SMITH: Now, I'm going to give you just a second to guess who it was, 35 years ago, who started his career as a research systems analyst in the Data Processing Division. Who do you think that was? Yes, no guesses.

Phil Durocher, 35 years ago. Phil has had an exemplary career with this agency started out doing research and analysis, moved over to the Inland Fisheries Division, took on management of all of our fisheries management throughout the state. The rest is sort of history, as they say has helped develop a world-class sport fishery, absolutely unparalleled throughout the country, put together the 14-inch limit for bass, done so much to help promote recreational fishing and angling and stewardship of our state's lakes and reservoirs. We're very proud of the work that he's done to create, with our partners, the freshwater fishery stamp, so that while anglers are investing in the future of our hatcheries and our stocking programs and our restoration, help lead the efforts to build the Texas Freshwater Fishery Center in Athens, which is just a world-class place for folks to come and learn about our state's fisheries. Phil's been a great leader. We're real proud of him. So, 35 years. Phil Durocher. Phil?

COMMISSIONER HOLT: Congratulations.

(Applause.)

MR. SMITH: Down in South Texas, the brothers McDonald are known for their game warden skills. The sons of a prominent Corpus mayor and attorney, I want to talk today about Chris McDonald, who is celebrating 35 years with this agency.

Chris actually started with our law enforcement team as a dispatcher, almost immediately was put into the Academy. Commissioner Hughes, back when we had the Academy at Texas A & M and, so went through the

yes, I can't quite say "Gig 'Em." It's a but I'll acknowledge that, in your honor, and completed the Academy, has had a stellar career inside this agency and has been down in Beeville, as you know, for almost 20 years and so very, very pleased to recognize Chris McDonald; 35 years of service, Texas game warden. Chris.

COMMISSIONER HOLT: Congratulations.

MR. MCDONALD: Thank you.

MR. SMITH: Congratulations, Chris.

(Applause.)

MR. SMITH: Well, I think you've heard us talk a lot about our individuals that started as an intern with this agency and then have gradually worked their way into full-time careers with the agency and I want to talk a little bit about one of those today, Rick Spaw.

Rick started with us as an intern with us down at the Perry Bass Research Station there in Palacios. He has a degree in marine biology. Shortly thereafter, he was transferred there to the Rockport Marine Lab, worked in St. Charles Bay there around Rockport and the Lamar Peninsula. Then moved over to the Upper Laguna Madre area, where he's worked on that ecosystem team, very involved in our harvest management and surveys and research and is one of our leading technicians, you know, obviously trying to keep our biologists in line, too.

So, Rick Spaw's done a great job. We're celebrating 30 years to his service to the state today. Rick, please come forward.

COMMISSIONER HOLT: Congratulations.

MR. SPAW: Thank you.

MR. SMITH: Congratulations, Rick.

(Applause.)

MR. SMITH: I talk about another individual who's had a lasting contribution there in the Upper Laguna Madre, which all of you know is, again, a world-class sport fisheries destination for speckled trout and redfish.

And, Kyle Spiller leads our Upper Laguna Madre Ecosystem team, started up in Galveston Bay, quickly moved over to the Upper Laguna Madre, responsible for managing all of that fisheries' resource, leading a team of biologists and technicians, helping to collect all of the data that our coastal fisheries team is so well known for and Kyle is celebrating 30 years with this agency today. Kyle, please come forward. Kyle.

COMMISSIONER HOLT: Congratulations.

MR. SPILLER: Thank you.

(Applause.)

MR. SMITH: I want to talk about another one of our biologists who's made a great deal of contributions to this agency. Jack Ralph, who was over here fumbling with the camera when Rollin was up here trying to get his award so I assume Rollin gets to do a little payback here, Jack.

Jack started with us 30 years ago in Resource Protection as a biologist and chemist, working on environmental contamination issues, kills and spills. When we've got an oil spill, a pipeline leak, a red tide outbreak, Jack and a team of biologists go in and assess the mortality and impacts to our fish and wildlife.

He's had a very long and distinguished career with this agency as one of our environmental scientists; one of the highlights that I know that has helped contribute to, kind of, this facet of our work with the American Fisheries Society, produced a publication, Investigation and Valuation of Fish Kills, which has really become kind of the standard guideline and protocol for states addressing this across the country.

Now back again, working with our kills and spills team, serves on our golden algae task force and we're celebrating his 30 years of service today. Jack Ralph.

Jack, please come forward.

COMMISSIONER HOLT: Congratulations. I'm good. Yourself?

MR. RALPH: Mighty fine.

(Applause.)

MR. SMITH: I want to now acknowledge one of our park superintendents who's played a major role in a number of our parks, particularly out in southwest Texas, around Del Rio. Emmitt Brotherton or "Pancho" started over there in Seminole Canyon as a park ranger and gradually worked his way up to become superintendent of that very important site there in the Rio Grande and Pecos River country. As you know, we are responsible for stewarding some really sensitive rock art and archaeological sites, helped develop that into a world-class destination, helped sponsor rock art conferences, instrumental in helping the Rock Art Foundation create the White Shaman Preserve on the other side of Highway 90, the north side right there on Pecos River.

One of the first ones to help start a public hunt in a state park, which at that time was a little controversial, much less so now, as we have roughly half of our state parks that are open for public hunting. We're very, very proud of that. But, Emmitt was very instrumental in that. In the last year or so, he's moved over to steward our Devils River State Natural Area, just a jewel over there in Val Verde County on the Devils River.

We're celebrating his 30 years of service today. So, please come forward.

COMMISSIONER HOLT: Congratulations.

MR. BROTHERTON: Thank you.

(Applause.)

MR. SMITH: All of you know that McKinney Falls State Park is right next door and Ed Evans, who's one of our park peace officers there, has been with us 30 years, and the entirety of his career has been spent at McKinney Falls, so he knows every square inch and has seen, certainly, the countryside change in that park, evolve and develop, started with us as a Park Ranger 1, worked his way up, got his Utility Plant Operator certificate, and Wastewater Treatment Certificate, become one of our leading rangers and park peace officers there. He's done a great job. 30 years of service. Ed Evans. Ed, please come forward.

COMMISSIONER HOLT: Congratulations.

MR. EVANS: Thank you.

(Applause.)

MR. SMITH: Back to Coastal Fisheries, Domingo Sanchez grew up there in Rockport and growing up, worked on commercial oyster boats and shrimp boats and then served this country well, did 2 tours of Vietnam and came back, after that service, a very skilled marine operator and boat pilot. TxDOT hired him to run the ferry that everybody knows it takes folks over to Port Aransas. Fortunately, our Coastal Fisheries Division, and I don't know if that was McCarty or somebody else with great judgment, manage to lure him away from TxDOT to help be the Master Pilot for one of our research vessels and Domingo was a captain there on our boat, helping our team collect data out in the Gulf; in the bays.

He has since moved over to responsibility for managing all of the data that our coastal fisheries team collects as part of their biological responsibilities and today we're celebrating 25 years of service. Domingo Sanchez. Domingo, please come forward.

COMMISSIONER HOLT: Congratulations.

(Applause.)

MR. SMITH: You know, our offices out in the field don't work unless we have got good administrative staff and office managers to make sure that all of it runs well and Beverly Campbell has done exactly that for 25 years there with our Tyler Law Enforcement Office, where we've got a team of administrative assistants and clerks that are responsible for interfacing with the public, selling licenses, dealing with boat registrations and making sure that the game wardens stay in line somebody has to and Beverly Campbell's done a great job of that out at Tyler. She's been with us for 25 years. We're celebrating her service today. Beverly, please come forward.

COMMISSIONER HOLT: Congratulations.

(Applause.)

MR. SMITH: I want to introduce another colleague from McKinney Falls State Park, Janie Reeh, who's been with us for 25 years, started her career there at that wonderful glass geodesic dome that's a signature feature on the Hill Country landscape in Enchanted Rock. Worked there for a number of years, ultimately worked over transferred over to Sebastopol, an historic site over in Seguin.

Did a tour at Guadalupe River State Park, where she was one of our lead rangers and one of our utility plant operators and then, ultimately, promoted here to McKinney Falls State Park, where she is our Assistant Superintendent there and so, we're celebrating 25 years of her service to state parks. Janie, please come forward.

COMMISSIONER HOLT: Thank you.

(Applause.)

MR. SMITH: It is especially nice when we've got great continuity in the field where we have a colleague that has spent the entirety of their career at one place and really gets to know those areas well and today we're going to celebrate the work of Cruz Ann Turner Tanner I'm sorry, Cruz Ann Tanner.

Has been at Lake Livingston, started as an hourly worker there, worked her way up, in terms of office manager, which she was promoted to in 1986. She's had 25 great years with that state park and we're very proud today to celebrate her 25 years of service to the state.

So, Cruz Ann, please come forward.

COMMISSIONER HOLT: Congratulations.

(Applause.)

MR. SMITH: Well, it's my privilege now to introduce my friend, Ruben Cantu, who started work for this agency as a wildlife biologist 25 years ago out in God's country, did a stint as a biologist there in San Angelo, as one of our regulatory biologists and then was promoted to a technical guidance biologist here in Alpine, where I first met him, in late '80s, early '90s. And Ruben has done an extraordinary amount of work with our private landowners out in West Texas. Ultimately, he was promoted to be our Regional Director and so her oversees all of our wildlife management activities up in the Panhandle and West Texas and gets to say grace over a lot of things, from mountain lions to black bear to mule deer and everything in between and Ruben has contributed a lot to this agency.

He represents us very well, in terms of a liaison with the Western Association of Fish & Wildlife Agency. He co-chairs the Border Governor's Task Force or the Wildlife Table there, Chairman of the Playa Lakes Joint Venture he just contributes in many, many ways and today we're celebrating Ruben's 25 years of service to this agency. Ruben Cantu. Ruben.

COMMISSIONER HOLT: Congratulations.

(Applause.)

MR. SMITH: I think all of you know that all of our programs inside this agency depend, in some form or fashion, on our Information Technology Support and that division has just really done an extraordinary job of trying to make sure that they set up programs and data bases and support systems for every one of our divisions, just done an extraordinary job and today we're going to recognize Mark Miller, who's been with us for 20 years, started his career as a programmer in the Applications Development Branch, very involved in developing various applications for our fish hatcheries, our law enforcement citation, our data base, coastal fisheries, hunter/boater education, you name it. Very involved in the development of the license point of sale system and also the public hunt's drawing system.

And, Mark wants you to know that he's been here 20 years and I saw David Synatzske in the back, but every year he's put in for one of those very, very, very, very coveted either-sex spots down at the Chap and has come up empty handed.

So I just want you to know, he's got no inside information to get that and he's a great outdoorsman, loves the mission of this agency and serves it well. Mark Miller, 20 years. Mark.

COMMISSIONER HOLT: Congratulations.

(Applause.)

MR. SMITH: If you're interested in seeing fall foliage in Texas, there's no better place than Lost Maples and today we're going to celebrate our superintendent, John Stuart; been with us for 20 years, started out there at Galveston Island State Park as a seasonal employee, ultimately became the lead ranger there, did a stint there on Matagorda Island where he worked there, transferred over to San Angelo State Park at the time, which was a new park, helped develop a very strong friends group, came back to Matagorda Island and then recently moved back over to Lost Maples State Natural Area, where he stewards just a spectacular place in the Hill Country.

I hope all of you have a chance some time to get out there and see the fall foliage. John Stuart, 20 years of service to the state of Texas. John, please come forward.

COMMISSIONER HOLT: Congratulations, John.

MR. STUART: Thank you very much.

(Applause.)

MR. SMITH: We're going to now move to a couple of the special awards and recognitions that we want to do today. I think you all know the Shikar-Safari Club has been a long-standing partner of this agency. Great group, hunting and outdoor enthusiasts and conservationists, working across the world. Each year they recognize a game warden for the North American Game Warden Officer of the Year and we're very, very pleased to have one of those be from the Lone Star State. Chris Davis started his work with this agency when he graduated from the Academy back in 2001.

He did a stint in the Piney Woods before coming back home to his beloved Hill Country there in Burnet County and then, soon after, joined our Special Operations team and very involved with that highly specialized, highly trained group of law enforcement officers inside this agency, has been very proactive in partnerships with other law enforcement agencies, help put together a covert operations school with the F.B.I. and the Texas Rangers and others, coordinates all of our special operations.

I can't tell you about many of those special operations or we'd have to kill you.

(Laughter.)

And so but I will tell you about one that he led on that we called Operation Texas Shuffle and it was an 18-month-long investigation. He infiltrated a group of individuals who were illegally trapping and catching wild deer and then selling those on the market.

He helped to bring those cases to fruition, successfully got Lacey Act violations, which is a federal violation of moving wildlife illegally across state lines, just done an extraordinary job and today we've got some of our partners from the Shikar-Safari Club that are going to recognize Chris for his outstanding contributions and so, I guess we're going to have Lewis Stumberg come forward and so Lewis is here and so Lewis, would you come forward to say a few words? Nice to see you.

MR. STUMBERG: I understand what a few words mean.

(Laughter.)

MR. SMITH: I don't.

MR. STUMBERG: Thank you, Peter. Mr. Chairman, honorable members, it's always a great privilege, on our part, to be able to recognize outstanding work that has been done by our people here in the Texas Parks and Wildlife Department and today is a real privilege because the sergeant has his wife and his mother and father to keep him straight.

My wife is at home but at my age, she doesn't need to keep me straight anymore.

(Laughter.)

I would like to introduce the president of our club, who will make the presentation. We're a very small club, only about 150 but people all over the world that we contribute between $500,000 and $1,000,000 a year to conservation whether it's in Pakistan or whether it's in Africa or anywhere in the world where there's a need, we have members, so they're very helpful in that direction.

I'd like our other members to come up here. It's Ozzie Barrett who is our president, my son, who has just returned from his honeymoon, two other of our good members and, Sergeant, would you join us please so we can make that presentation? It's a pleasure to have you here.

WARDEN DAVIS: Sir, thank you.

MR. BARRETT: Your service, sounds like you've been involved in many things that need to be done.

(Applause.)

COMMISSIONER HOLT: There is nothing like a nice short speech. We appreciate that. We'll learn from you.

MR. STUMBERG: Well, I wasn't really I started to go over the three-minutes just to see what I could get.

(Simultaneous discussion.)

MR. SMITH: Last month, our law enforcement team had the privilege of hosting the 50th annual conference of the National Association of Boating Law Administrators and/or NASBLA as we call it and Al Campos, who's a major on our law enforcement team, been very, very involved, as all of you know, of helping to promote safe recreation and legal recreation out on the water, so it was a real privilege to have all of the NASBLA folks from around the country to convene there in the Coastal Bend in Corpus.

What made it very, very special, however, was the recognition of Chris Green from Tyler as the National Boating Officer of the Year and we had a chance to have Chris up here earlier this year, when he was recognized for one our regional awards just done an extraordinary job there on the lakes and rivers of East Texas, very involved in the community and has just taken birding safety to new heights and we could not be more proud to have a Texas officer named a NASBLA Officer of the Year across the country and so Chris Green is here with us.

Chris, please come forward.

COMMISSIONER HOLT: Congratulations, sir. We really appreciate what you do.

(Applause.)

MR. SMITH: You know, we try not to give the Attorney General's office much business but when we do it is usually fairly colorful business, I will say that. And, we've got a wonderful wildlife management area there around Palestine and Anderson County, the Big Lake Bottom Wildlife Management Area; beautiful bottom land, hard woods and post oak systems, encompasses about 3800 acres and, in that tract, when we acquired it, there were three tracts of roughly a couple of thousand acres of which we only owned 65 percent of an undivided interest in those tracts and there were another 32 landowners that had varying degrees of undivided interest in those tracts, which meant that they went all over the wildlife management area with completely unfettered use.

So you can imagine, from a wildlife management perspective, that was absolutely a nightmare and so, tried to work with those landowners to get it resolved, couldn't do it, couldn't do it, ultimately, got the assistance very capable assistance I might add of the AG's office to try to work on a partition plan for that.

And so, really, since 2000, the AG's office has been our partner, working with our legal team and our wildlife management area staff, Jeff Gunnels and his team there, to try to get this resolved and they've just done an extraordinary job.

Attorney Joe Riddell started out there, his co-counsel, Burgess Jackson, you know, multiple, endless meetings over in East Texas, trying to work out a plan. They were literally individuals that had, you know, less than a tenth or a hundredth of one percent of an interest in that tract but had, again, unfettered use of that entire 2300 acres.

And so, they put together a partition plan, that they ultimately got all of the 32 landowners to agree to, both Joe and Burgess retired in the process, after pushing that rock up the hill and ultimately Nancy Olinger from the Attorney General's office was able to successfully get that over the goal line there in August and so, we've got a number of folks from the Attorney General's office that are here today that we want to give a special award to. I think Barbara Dean, the Division Chief for Environmental Protection, Administrative Law, is here.

I don't think David Preister, the section chief, could make it. We've got Nancy Olinger, Assistant AG is with us today. Burgess Jackson, an old friend, former Assistant AG, now retired, is with us and then, my notes here say Todd Giberson, the amazing map guy so, Todd, I look forward to hearing about your contributions on this; maps are critically important to our work. Let's have our colleagues and friends from the AG's office come forward and give them an award and also our team from Big Lake Bottom Jeff, you and your colleagues come forward as we'll take a picture here. So, thank you all. Ann Bright, anybody else that was part of this team.

(Pause.)

MR. SMITH: The last thing that we want to do this morning as part of our special awards and recognition is one of our great partners on the coast that we talked yesterday, there at the San Jacinto Battleground site and it has to do with the Battleship Texas Foundation. They're our nonprofit partner that has been so involved with helping with the stewardship and advocacy and conservation of just that magnificent ship and they have pledged and contributed many, many, many dollars to this agency to help us in our stewardship of that great battleship and we've got Tony Gregory, who is the chair of the Battleship Texas Foundation with us and Tony has got a special presentation and check, Chairman Holt, that he wants to present to you and the Commission. So, it's Tony. Please, please, please come forward. Tony.

MR. GREGORY: We appreciate this opportunity to be here. We appreciate being a part of this historic project and we look forward to the dry berth project and it's being a world-class destination and well known among battleships in the United States to lead the way in this important preservation project.

So we look forward to getting on with the project. This check is for two million.

MR. SMITH: Details, Tony, details.

(Simultaneous discussion.)

MR. SMITH: Mr. Chairman and Commission, that completes my business. Thank you.

COMMISSIONER HOLT: Okay, welcome everybody; we'll get started. The first order of business is Item Number 1, an action item, approval of the agenda. Do I have a motion?

COMMISSIONER HIXON: So move.

COMMISSIONER HOLT: Commissioner Hixon.

COMMISSIONER FALCON: Second.

COMMISSIONER HOLT: Second by Commissioner Falcon. All in favor.

(A chorus of ayes.)

COMMISSIONER HOLT: Any opposed?

(No response.)

COMMISSIONER HOLT: Hearing none, motion carries. Item number 2, action, Fiscal Year 2010 Approval of Projects Funded from the Texas Parks and Wildlife Conservation and Capital Account, Account 5004, Mr. Mike Jensen. Please, Mike.

MR. JENSEN: Good morning, Commissioners, Chairman, my name is Mike Jensen, Division Director for Administrative Resources. At the last commission meeting, we went over the budget with you. At that time, we didn't have a specific list of the conservation and capital account projects.

So, before you, in your book, you have an attachment A, which has a listing of those specific projects as required by the Parks & Wildlife Code for the Commission to approve those projects.

This particular account, it's 5004, is comprised of basically two sources of funds. Yesterday, Darcy Bontempo went over the license plates in subcommittee meetings. That is one of the source of the cash. And there's also a sporting goods sales tax transfer that goes into this account.

For this fiscal year trying to get it to advance to the next slide. Oops, there it goes.

(Pause.)

MR. JENSEN: For this fiscal year, we had approximately $500,000 that has been appropriated by the legislature from the conservation plate funds. We also have approximately $1,077,000, which was appropriated from the sporting goods sales tax.

You can see in this slide up here, it says 1.23 million. That includes a fringe amount of approximately of $153,000. When the projects are done by the infrastructure division, there are salaries that are charged and that fringe amount is also appropriated to us.

So we have a total account amount this fiscal year of 1.73 million. The General Appropriations Act can provide specific guidance and direction and it does, in Rider 14 for us.

Rider 14 has estimated revenue amounts for those conservation plates. Should the Commission during this fiscal year or next fiscal year collect additional revenues, we can use those revenues, with your permission, for specific projects that you approve.

Attachment A, that you have in your binders, has a laundry list of these projects. I have two slides that outlines them for folks who are here today. A majority of these projects are related to the wildlife division. They have a number of research projects for mule deer, pronghorn sheep.

They use these funds for their wildlife action plan, for habitat models, for big game and hunting projects. They're using this for the MLDP projects, for conservation projects. They also have some habitat management publications related to the deers and some of the support functions for their data systems are some of the projects that will be using some of these funding sources.

In addition to the wildlife projects that are on the list, we have a freshwater resources management project, we have some funding approximately $110,000 for state park vehicles. We have communications projects and Darcy presented yesterday. That gives you a very good idea of what those projects would include.

And the infrastructure, they primarily use the sporting goods sales tax piece on the method of finance where it is. For a number of infrastructure projects, sport services and capital construction programs and staff has prepared a recommendation for you to consider today. We ask that you consider the following recommendation for adoption this morning. That's all I have. If you have any questions, I'd be happy to try and answer them.

(No response.)

COMMISSIONER HOLT: Can I have a motion, please?

COMMISSIONER BIVINS: So move.

COMMISSIONER MORIAN: Second.

COMMISSIONER HOLT: Commissioner Bivins, second by Commissioner Morian. All in favor.

(A chorus of ayes.)

COMMISSIONER HOLT: Any opposed?

(No response.)

COMMISSIONER HOLT: Hearing none, motion carries. Thank you, sir.

MR. JENSEN: Thank you.

COMMISSIONER HOLT: That was straightforward. Item Number 3, Action, Fee Rules. License Fee Corrections, Recommended Adoption of Proposed Changes. Mr. Mike Jensen, you'll be back up, sir.

MR. JENSEN: Good morning, my name is Mike Jensen, with the Administrative Resources Division. We have two quick items actually to consider today. When you had meetings back in March and May, the Commission approved some fee increases.

One of the fees is legislatively prescribed in the Texas Parks and Wildlife Code and it cannot be altered by Commission action but we did have a notice in the Texas Register so we want to clarify that that fee cannot be changed and that's the Marine Dealer, Manufacturer and Distributor's license fee and that was published that correction was published in the Texas Register.

Also, during those Commission meetings, the Commission recommended that the department create a specific license for paddle craft, all-water fishing guide fee and that was addressed previously but it was not published in the Register. So it has been published in the Register and the fee will be consistent with the all-water licensing guide for those motor craft for those boats that have motors.

Basically, the residence fee amount will be $210. The non-residence fee amount will be $1,050. This has been published in the Register and we had approximately twelve comments back from the public. Eleven were in favor and one comment stated it opposed arbitrarily raising license fees during hard economic and unemployment times. I'm not sure that the particular member read the correction because, actually, the legislative fee, we put it back down and it was we never did charge because we didn't have authority to charge when we switched back on September 1st.

Staff has prepared this recommended motion for the Commission to consider and at this time we ask that you consider this motion.

COMMISSIONER HOLT: Okay. Any questions?

(No response.)

COMMISSIONER HOLT: Do I have a motion?

COMMISSIONER HUGHES: So move.

COMMISSIONER MARTIN: Second.

COMMISSIONER HOLT: Commissioner Hughes. Second Commissioner Martin. All in favor say aye.

(A chorus of ayes.)

COMMISSIONER HOLT: Any opposed?

(No response.)

COMMISSIONER HOLT: Hearing none, motion carried. Mike, thank you.

MR. JENSEN: Thank you, sir.

COMMISSIONER HOLT: Item number 4, an Action Item — Approval of Executive Director Pay Raise. Gene McCarty.

If you don't do this, will you get in trouble, Gene?

MR. MCCARTY: This could be a career-ending presentation here so I've studied a lot.

COMMISSIONER HOLT: One you've stayed up all night on.

MR. MCCARTY: Yes, sir.

COMMISSIONER HOLT: I'll bet you he'll give you more than three minutes.

(Laughter.)

MR. MCCARTY: For the record, my name is Gene McCarty; I'm Deputy Executive Director for Administration. The item before you today is an item dealing with the salary increase for the Executive Director.

In the department's legislative appropriation request, the Commission requested an increase in the salary for the Executive Director. The Executive Director's current salary is $130,000 per year. The General Appropriations Act for fiscal year '10 and '11 authorized the agency to increase that salary to $143,000 per year.

Article 9 of the General Appropriations Act requires that a salary increase for the Executive Director be approved by the Commission in an open, public meeting.

That being said, I would recommend that the Parks & Wildlife Commission adopt the following motion. The Commission approves, by resolution, as shown in Exhibit A, the increase in salary for the Texas Parks and Wildlife Department Executive Director. At that point, I'll take any questions.

COMMISSIONER HOLT: Any questions?

(No response.)

COMMISSIONER HOLT: Do I have a motion?

COMMISSIONER DUGGINS: So move.

COMMISSIONER HIXON: Second.

COMMISSIONER HOLT: Moved by Commissioner Duggins, seconded by Commissioner Hixon. All in favor?

(A chorus of ayes.)

COMMISSIONER HOLT: None opposed?

(No response.)

COMMISSIONER HOLT: Motion carries. Yes, sir.

COMMISSIONER DUGGINS: In connection with this, I'd like to note, on the record, that even with this increase, the Executive Director's salary is well below the salaries of other heads of state agencies so while this may seem to be a significant increase to some, we believe that it's certainly reasonable and well-deserved. I did want to note that relative to where Mr. Smith's salary is, he's still well below many, many other state agency heads.

COMMISSIONER HOLT: Thank you, Commissioner Duggins and I'm glad you made that point. Also, secondly, I just want to make sure that in executive session yesterday, there was a strong feeling that Carter has done a wonderful job and has been on the job, what about 20 months 18 months 18 or 20 months and we just appreciate everything he's done.

And the department, I think, is as well led as it's been, certainly since I've been on the Commission, so I'm proud to be up here today and be able to say that we've got a great Executive Director and we just see better things for the future so, with that, Carter, congratulations.

Action Item number 5 — Use of Technological Solutions and Alternative Dispute Resolution Procedures — Recommended Adoption of Proposed Commission Policies. Ms. Bright.

MS. BRIGHT: Good morning, Commissioner. For the record Commissioners, for the record, I'm Ann Bright, General Counsel. The Sunset bill, HB 3391 includes some recommended requirements regarding some policies to be adopted. These are called across-the-board recommendations. In other words, every agency Sunset bill includes these provisions.

The two policies required are one that would ensure the use of appropriate technological solutions to ensure public access to TPWD through the internet and another policy to encourage the use of alternative dispute resolution procedures and negotiated rulemaking guidelines, consistent with standards of the State Office of Administrative Hearings or SOAH.

The use of technological solutions policy is very short and straightforward. It basically says that the agency is going to use appropriate technological solutions to continue to improve the agency's ability to carry out its mission, will continue to ensure that the public is able to interact with TPWD on the internet and will continue to explore methods for providing information to the public and obtaining public input, using technology.

The ADR policy encourages the use of alternative dispute resolution procedures to resolve disputes and, I should point out, that we already do that, designates the general counsel or designee as the ADR Coordinator, identifies matters that should be considered for ADR; rule development, contract disputes, contested cases, employment disputes, litigation.

Also identifies the types of ADR that may be used; mediation, arbitration, conciliation, consensus building, information exchange, public hearings and facilitated meetings.

And, as I believe you know, we already, especially in our rule development, there's scoping, advisory committees, that sort of thing, already do a lot of this.

Also, specific to rules, the policy encourages staff to seek input from the public, not just after a rule is developed and proposed but as we are developing rules.

Among the methods for soliciting input are the internet or website, informal meetings, meetings with advisory committees and negotiated rulemaking.

Now, negotiated rulemaking is a very formal process. We tend to do something that's a little bit less formal but that is still an option. In your package you have a resolution and you have the policies.

The recommended motion is that the Commission adopt, by resolution, a policy to ensure the appropriate use of technological solutions and public access to TPWD through the internet and a policy to encourage the use of negotiated rulemaking and appropriate alternative dispute resolution procedures.

And I should make a correction. This second exhibit C should also be Exhibit B. Those are all on one page. The policies in your package are actually all on one page. They're not separated out. I'll be happy to answer any questions.

COMMISSIONER HOLT: Any questions?

COMMISSIONER DUGGINS: Are we is the purpose of the ADR policy to require us is it what I'm trying to ask is, for example, must we engage in arbitration of a dispute or do we have the discretion to do what's in the best interest of the department on a matter involving a potential litigation issue?

MS. BRIGHT: There's no requirement this is to encourage our use of these mechanisms in the event they're appropriate. I mean, they're not always going to as you know, they're not always going to be appropriate for every dispute.

And there are some disputes where no amount of arbitration, mediation, whatever, is going to resolve it.

COMMISSIONER DUGGINS: So it's within the department's and the Commission's discretion

MS. BRIGHT: Yes, sir.

COMMISSIONER DUGGINS: as to whether or not to litigate or arbitrate a particular issue.

MS. BRIGHT: Yes, sir.

COMMISSIONER DUGGINS: Thank you.

COMMISSIONER HOLT: Any questions or comments for Ann?

(No response.)

COMMISSIONER HOLT: This is an action item. I need a motion.

COMMISSIONER HUGHES: So move.

COMMISSIONER HIXON: Second.

COMMISSIONER HOLT: Commissioner Hughes. Second, Commissioner Hixon. All in favor.

(A chorus of ayes.)

COMMISSIONER HOLT: Any opposed?

(No response.)

COMMISSIONER HOLT: Hearing none, motion carries. Thank you, Ann.

Item number 6, an Action Item — Harmful or Potentially Harmful Fish, Shellfish, and Aquatic Plants — Special Provision — Water Spinach Regulations — Recommended Adoption of Proposed Changes. Mr. Gary Saul. Gary.

MR. SAUL: Good morning, Mr. Chairman, Commissioners. My name is Gary Saul in the Inland Fisheries Division. It's my privilege today to represent the team that was assembled to address the Commission charge given to us at the end of the August meeting.

That charge was to conduct a comprehensive review of the current status of water spinach in Texas. Executive Director Smith and Deputy Executive Director Melinchuk assembled a team that included members of the Legal Division, the Law Enforcement Division, the Executive Office and the Inland Fisheries to look as hard as we could at everything it is that we knew about water spinach in Texas and the status thereof.

So what I would like to do is to go through, very quickly, what it was that this Committee did and what we presented to you in our October 1 white paper.

The Committee got together and met a number of times to determine what would be the best course of action. What we did was we conducted a number of informal visits to markets, both wholesale and retail seafood markets or, excuse me, food markets and restaurants in four metropolitan areas in Texas.

At the same time, we did directed vegetation surveys in the same four metropolitan areas; those were Dallas/Ft. Worth, Austin, San Antonio and Houston. These directed surveys were targeted to try to find areas where we might suspect that water spinach could have escaped and gotten into the wild.

In addition, we evaluated 10 years of routine vegetation surveys that we do as a matter of course in Fisheries Management in Texas. We also reviewed the scientific literature and we talked to other states about their management strategies with water spinach.

To summarize what we found, we found that water spinach is readily available in markets, in restaurants. Of the 55 sites that we visited of the 56 sites that we visited, excuse me, we found it in 55 of those sites.

Of the surveys that we did, both the directed surveys and in our 10 years of routine surveys, we did not find water spinach anywhere.

Water spinach, through the scientific literature, tells us or suggests to us that it has a very low probability of survival in the wild here in Texas. We know that we cannot say, for sure, that it could not survive here but one of the things that we do know, that if we do find it in the wild, that it can be successfully treated and eradicated.

And the other thing we do know is that it has been in Texas for more than 20 years under intensive culture. The staff has a proposal that was published in the July Texas Register. That proposal for regulations basically would keep water spinach as a restricted species in Texas.

Its cultivation would be permitted by growers or for growers only in approved facilities. It would allow for the possession for personal consumption. It would provide for very specific requirements for culture, packaging, handling, disposal and reporting; so it could be tracked.

Businesses may possess and sell water spinach, if they retain invoices from permitted growers within Texas and from legal out-of-state sources. The comments that we have received on this proposal had been strongly in favor of the proposal with 201, including a letter that we received yesterday from Representative Vo and signed by four other representatives as well.

We had a petition signed by 178 individuals that was submitted at the August meeting. Today we have five rather than four that have recorded opposition to the proposal and two of those that oppose it, when reading the comments, we truly believe that they supported it and misunderstood what the proposal was.

Yesterday, I received a fax that basically said that the individual was opposed to any regulation on water spinach because any regulation would result in a consumer price going up.

So, with that, the staff would recommend the motion that is here on the screen in front of you and also in your package and I'd be happy to answer any questions.

COMMISSIONER HOLT: Any questions for Gary?

Yes sir, Commissioner Duggins.

COMMISSIONER DUGGINS: If the Commission adopts the or if this motion is made and passes, what would the proposed permit fee be for the current for the coming year?

MR. SAUL: The proposed fee is $263 and that is the exotic species permit. That fee would be for the initial time a permit lasts for one year so the permit would start or the permit will expire at the end of December of every year.

COMMISSIONER DUGGINS: So that's the annual fee?

MR. SAUL: Actually, there is a renewal fee. The $263 is the initial fee. The renewal fee, right now, is a $27 renewal.

COMMISSIONER HOLT: And Gary, I think there's some opinion, I know there is, in this Commission that we definitely want to make sure, particularly it'll probably take a year to figure it out is that we get an appropriate fee relative to the inspections, to the law enforcement that may go with it; all of those things.

And we understand that you've got a program you're kind of just starting but let's not hesitate to look at that and make sure it's, at worst, neutral to this department in cost and certainly fair to the growers and whoever else will pay that fee. But we've got to make sure it's also fair to this Commission I mean, excuse me, to this department.

MR. SAUL: Yes, sir, and yesterday, in discussion and briefing, we talked about the staff coming back annually to discuss

COMMISSIONER HOLT: Right.

MR. SAUL: the program and I think that that would be a very important piece of that discussion.

COMMISSIONER HOLT: Okay. Any other questions or comments because we do have some

COMMISSIONER FALCON: Mr. Chairman, I would just like to thank the department for the enormous amount of work that they did to clarify this difficult subject for us and to give us the information that we ended up with today and Carter, thank all of you that participated, for this effort.

COMMISSIONER HOLT: Yes. Definitely well done, Gary. And we do have some speakers if you'll be on standby. We have a couple of speakers that have said they'd like to speak on this item. I'll call the first one and the second one. If the first one will come up and the second be on standby and, if I get your names wrong, please I apologize, Saloeurn Yin? Come up, please. And then, on standby, Johnny Bopho? If I'm pronouncing it wrong, I apologize. Please don't hesitate to come up. Hopefully, I got the names right.

MS. YIN: Good morning, Mr. Chairman and Commissioners and good morning, everybody. My name is Saloeurn Yin. In the interest of time, on behalf of the Cambodian and the Laotian communities, I am here because I am concerned about what these regulations will do to my family and to my community.

I am a water spinach grower or tra kuon grower. The reason I turned to farming water spinach is because I lost my job in the recession. I am a mother of four who needed to find something to support my children. I also have a sick mother. Farming water spinach allowed me to take care of her and my children while still working, instead of taking public assistance.

It hasn't been easy. I purchased some land and built a greenhouse to grow water spinach. However, Hurricane Ike destroyed it. I had to start from scratch. My family depends on water spinach and the income it generates. Without it, we will be forced to go on public assistance. As an able bodied woman, I can work and I should work. However, the past year has shown that jobs are not plentiful, even for those that can work.

So I am growing water spinach so that I can support my family. In hard times like this, it is important for the community to come together to help each other out. This is what happened in Rosharon. We band together and they taught me how to grow water spinach.

This is what is happening now. Along with our approximately 1400 signatures that I have submitted, we are here to testify to support the regulations that the Inland Fisheries Division of the Texas Parks and Wildlife Department proposed.

As you can see, from the turnout behind me, we are all concerned about this issue. Water spinach is a way of life in Rosharon. Many of us escaped persecution from the Khmer Rouge. We settled here for a better life.

Texas has been good to us. We started to do what we knew how to do to survive. That included farming water spinach. We did not know it was illegal.

After 20 years, it is a growing industry. Many stores, like H.E.B. and Whole Foods, carry it. Many of us in the community depend on it as a source of food and income.

You, the Commissioners, have seen two different studies that have reached the same conclusion. That water spinach does not pose a large threat to the habitat and ecosystem in Texas. With these regulations, you can monitor the farmers to ensure that should there be an outbreak, you will be able to contain it.

We would like to work with the Department to implement the regulations so that the Texas ecosystem will be protected. Thank you for letting me testify today. I am just a simple farmer who turned into a mini-activist because I wanted something done.

I did not want to wait on someone else to do the job because I knew what needed to be done and had an idea on how to do it the right way. I just didn't know how hard it was going to be. I have come across many obstacles, negative feedback and rejections from people, however, I persist, persevered and here I am. I wanted to be a voice for those who share the same concerns but don't know exactly how to do it. Again, thank you for letting me testify. Thank you for your time.

(Applause.)

COMMISSIONER HOLT: Thank you. That was very well spoken. Thank you very much. I appreciate you taking the time and bringing these to us. It's very good. Thank you.

Johnny Boph?

MR. CHUN: Good morning, Mr. Chairman, Commissioners

COMMISSIONER HOLT: Good morning.

MR. CHUN: and everyone in attendance. My name is Pich Chun and I will be reading a testimony by Johnny Boph.

COMMISSIONER HOLT: Okay.

MR. CHUN: Thank you for allowing me to speak today. I am a water spinach farmer. I have a large farming business in Rosharon. I also buy from other farmers in the area and sell it to restaurants and stores. We planned on expanding our business. In today's economy, with so many people out of work, we will be hiring. But our plans are dependent on this regulation. The Rosharon community is a poor community. It does not have much economic development. To vote against the regulations would destroy our community and will put a lot of people out of work.

As other people have said, our community depends on water spinach, both as a source of food and income. We don't know how to do anything else. Farming is not easy, no matter if it is corn, watermelon or water spinach. There are other communities out there that you can see that don't have much. We have settled here for the past 30 years, some even longer. Many of us have established strong ties and deep roots to the community here. We came to this country with absolutely nothing and we have built a life here. It revolves around water spinach. It is a part of our heritage, something we brought from Cambodia, from Laos and from Vietnam.

Some of us have been able to send our kids to college, we have cars, we have homes and we have been able to fulfill the American dream. Without these regulations we will have to shut down our business. Again, this will put large number of people out of work in a community with few jobs and few communities. This will destroy our community. I am hopeful you will vote Yes on this regulation. Thank you so much for your time. And thank you very much for letting me testify.

(Applause.)

COMMISSIONER HOLT: Great. Thank you. Thank you very much. Both speakers very well spoken. Thank you very much. Any other questions or comments?

(No response.)

COMMISSIONER HOLT: Do I have a motion?

COMMISSIONER MORIAN: So move.

COMMISSIONER HUGHES: Second.

COMMISSIONER HOLT: Motion by Commissioner Morian, second by Commissioner Hughes. All in favor, please say aye. Sure.

COMMISSIONER DUGGINS: I respect very much what I heard today about the importance of this to a number of people but I hope that you can appreciate, at least from my perspective, the importance of the issue to, as Ms. Yin put it, to Texas ecosystem; that we make sure we've got science to support the decision that you're asking us to make.

And I wanted to pass along a few comments that were given to me by a man in Florida named Kipker who is cited in our white book, who is a biologist with the Florida Fish & Wildlife Department because there are risks associated with this and I want to pass on what he said because we need you, the growers who have said you have said and representative Vo has said that you want to you support the proposed regulation and will help us enforce it. We need that because we don't want to increase the risk that this could escape.

Mr. Kipker said that they have chased water spinach all over Florida, that they found it in canals, ponds and lakeshores, that, although that Florida now allows it, it's only in block-walled greenhouses where the product is boxed on site and may only be shipped out of state.

He said Florida's Fish & Wildlife Department has $24 million a year that is spent to address aquatic invasive plants, $10 million for upland invasives, so there is a continuing effort to deal with invasive aquatics and upland plants there and we don't want to have to spend or dedicate those kind of resources should this somehow naturalize and escape here.

So we really need assuming this passes need your help to with the law enforcement people, to follow the rules and the concern that he expressed was over individual growers who might not follow the rules that have been proposed so we really need your help to enforce that. And, with that, I appreciate the opportunity to pass on that.

COMMISSIONER HOLT: Absolutely, I think that's you know, it's interesting, different states have approached it different ways. I remember Gary, please correct me about California they've actually taken it the other way, at this point and it's now become a commercial crop. Is that correct?

MR. SAUL: Yes, sir. It's an agricultural commodity. COMMISSIONER HOLT: It's become an agricultural commodity. So, I think, on the other hand, what you're saying is absolutely right, an invasive species, non-native species or something, we must worry about here at this department but, at the other hand, there's a real opportunity commercial opportunities and opportunities to spread the use of water spinach in the appropriate manner, the legal manner, and I think there's a from a commercial point of view, agricultural development that can continue to increase.

So I appreciate everything you all have done. With that, any other comments from our Commissioners? All in favor say aye.

(A chorus of ayes.)

COMMISSIONER HOLT: Any opposed?

(No response.)

COMMISSIONER HOLT: Motion carries. Thank you. Thank you, everybody. Did you all want to stay or, if you want to

MR. SMITH: Mr. Chairman?

COMMISSIONER HOLT: Yes, Mr. Carter.

MR. SMITH: Two things that I think will be important to the growers. One, we should clarify when, exactly, this regulation will take effect.

COMMISSIONER HOLT: Okay.

MR. SMITH: So I'd like for Gary to talk about that. And then, Gary, given the implementation of this, I suspect we're going to have some outreach with the growers. Could you address that for the Commission here?

MR. SAUL: Exactly. And I apologize for not addressing that sooner. What we would expect to do

is we're going to ask for this rule to become effective in January, since all exotic species permits expire in December. It takes approximately 20 days in the Register to get everything official so we would ask for the rule to start in January so that gives them one full year as we start.

The other thing that we will do law enforcement, Inland Fisheries, together will go to the community, visit with the community and try to make sure that everything is understood very, very clearly and work with the community to try to bring this thing forward in the best manner that we can. And we'll be doing that between now and the first of the year.

COMMISSIONER HOLT: One will say what notification's out or let people know in the Rosharon area and

MR. SAUL: Yes, sir.

COMMISSIONER HOLT: any other area where they may be growing it.

MR. SAUL: yes, sir.

COMMISSIONER HOLT: Okay. Wonderful. Yes, sir, go ahead.

COMMISSIONER DUGGINS: Gary, are you saying that these folks who are growers can submit applications now but that the permit, if issued, would not be effective until 1/1/2010.

MR. SAUL: I think that I'm going to have to defer to Ann on this, whether or not we can initiate the permit process, in terms of the inspection aspects. My belief is we could come we can meet with the community now, we can make sure that what the published rules will be and explain the entire process, how it's going to work.

We could probably conduct our inspection now so that, come January, we could issue the permits.

COMMISSIONER DUGGINS: Well, I'm more concerned about giving them the opportunity to submit applications as soon as possible so that they can get in the queue for the inspections. Can we begin doing that promptly?

MR. SAUL: We can. Yes, sir.

COMMISSIONER HOLT: All right. Any other questions or comments we can think about right now.

(No response.)

COMMISSIONER HOLT: Please, Gary and Ann everybody, get with the community and let's make sure that we move things along here, for obvious reasons.

MR. SAUL: Absolutely. We will, sir.

COMMISSIONER HOLT: We already have an industry in place. Now, let's get it where everybody's in agreement on how to operate.

MR. SAUL: Okay.

COMMISSIONER HOLT: Okay? Great. Thank you all. I appreciate everybody's patience. Thank you for coming.

(Applause.)

COMMISSIONER HOLT: We'll take a moment and let everybody clear out.

(Pause.)

COMMISSIONER HOLT: Thank you, everybody. Thanks for everybody's patience. And for the community from Rosharon too. They came to Ft. Worth and then came over here also so good involvement. Item Number 7, an Action item — Listing of Certain Mussel Species as State-Threatened — Recommended Adoption of Proposed Changes, Dr. Wendy Gordon.

DR. GORDON: Good morning, Commissioners.

COMMISSIONER HOLT: Good morning.

DR. GORDON: I have for you a proposal to add 15 freshwater mussel species to our state threatened list. This is a list of the 15 proposed Texas freshwater mussels. Our threatened species are governed by Chapter 67 and threatened species are defined as those likely to become endangered in the future.

Under the Administrative Procedures Act, a 30-day notice is required prior to adoption by the Commission and we went to the Texas Register back in early October. The 15 mussel species are distributed throughout the state. Six of the species are more or less contained in East Texas drainages some thumbnail sketches there for you.

Five of the species are Central Texas species and four of the species are found in the Rio Grande drainage area.

So, the proposed amendment would add these 15 species to the state threatened list. We've received 25 comments in favor in fact, actually 26, because I received one late comment yesterday from a freshwater mollusk conservation association, and we've received one comment in opposition to the proposal, which was by an individual who wanted an allowance for personal collection. However, on this, that most of these species do not grow large enough to be collected under our current regulation should they be found and, of course, they're extremely rare.

So, the staff recommendation is for the Texas Parks and Wildlife Commission to adopt amendments to 31 TAC Chapter 65.175, concerning threatened species and Chapter 57.157, concerning mussels and clams, with changes as necessary to the proposed text as published in the October 2, 2009, issue of the Texas Register. And I'll be happy to answer any questions.

COMMISSIONER HOLT: Dr. Gordon, defined is likely to become endangered in the future.

DR. GORDON: Correct.

COMMISSIONER HOLT: What's your sense of most of these; are they already or right there?

DR. GORDON: Well, some of them may well be. They're, in some instances, there's little evidence of their current existence so people have not done, I'll say, thorough surveys. Think about all the water bodies in the state; there's a lot of miles of river.

So, some of these species have not been found in 10 or 20 years.

COMMISSIONER HOLT: Okay.

DR. GORDON: Live specimens have not been found so it's possible that some of them have been expurgated or it's also possible we just haven't looked hard enough. We've got some, I'll say, initiatives under way where in January we're going to bring together a lot of the researchers working on Texas mussels, here in Austin and convene a roundtable to get a better sense of what people know about these different species.

There's some efforts to pull some databases together and some work right now A&M's doing to canvass museums for specimens, collections and so, we will, hopefully, have even more information the next so many months about the status of some of these and also plan some strategies to do some more intensive sampling to try to locate some of these species.

COMMISSIONER HOLT: Wonderful. Okay. Any other questions or comments for Dr. Gordon?

(No response.)

COMMISSIONER HOLT: Do I have a motion?

COMMISSIONER BIVINS: So move.

COMMISSIONER FALCON: Second.

COMMISSIONER HOLT: Okay. Commissioner Bivins. I think Commissioner Falcon. All in favor.

(A chorus of ayes.)

COMMISSIONER HOLT: Any opposed?

(No response.)

COMMISSIONER HOLT: Hearing none, motion carries. Thank you.

DR. GORDON: I've got the next one, too.

COMMISSIONER HOLT: Oh, you do. Okay. Item 8, Action — Designation of a Representative to the Biological Advisory Team and a Representative to the Citizen's Advisory Committee of the Southern Edwards Plateau Habitat Conservation Plan. Dr. Gordon.

DR. GORDON: Okay. And this time I'll actually introduce myself for the record, which I failed to do before. So, I'm Dr. Wendy Gordon, new program leader of the Non-Game and Rare Species Program in the Wildlife Division. This next item is to designate Texas Parks and Wildlife representatives to what will be a new habitat conservation plan and I'll just give you a very brief background here on habitat conservation planning process because I realize there's, at least, a couple of new commissioners.

In this instance, the city of San Antonio and Bexar County are working together to develop what they're calling the Southern Edwards Plateau Habitat Conservation Plan. The intent is, primarily, to protect the habitat of the endangered golden cheeked warbler but, in addition, this area includes a total of 13 endangered species and the entire habitat conservation planning process and project is going to encompass an area that, in addition to all of Bexar and Comal counties, will also include some parts of Medina, Bandera, Kerr, Kendall, Blanco and Hays counties.

At the end of this process a plan will be submitted to Fish & Wildlife Service and, if approved, an incidental take permit; a Section 10(a) permit would be issued to those political entities such that development could proceed in a more orderly fashion; at the same time those species' habitat would be conserved.

Because of our Code, we do designate representatives to both the Biological Advisory Team and the Citizen's Advisory Committee and so, the proposal is to name Richard Heilbrun the Chair of the Biological Advisory Team for HCP and Deirdre Hisler, as the representative to the Citizen's Advisory Committee.

And, just very briefly, both of them have been involved and working in that San Antonio area on some of these issues. Richard's a wildlife biologist with the Urban Program in San Antonio. He was a member of the scientific evaluation team for a land acquisition program in 2005 and a member of last year's Camp Bullis Joint Land Use study that guide a long-term planning around the San Antonio military installation in the 3,000 acres that the city of San Antonio recently donated to TPW. As part of that process Richard led the science team that did the endangered species habitat assessment.

And Deirdre's been working Government Canyon State Natural Area since 1997 and she's held various Board positions with entities in and around the San Antonio area, including the San Antonio Advisory Board of the Trust for Public Land and is a current chairman of the City of San Antonio's Conservation Advisory Board for the Edwards Aquifer Protection Program, which is charged with providing input and advice to staff and city council, regarding the acquisition of sensitive land over the Edwards Aquifer in that $90 million voter-approved sale tax initiative.

So that is our proposal; to name the two of them to the new HCP.

COMMISSIONER HOLT: Any questions or comments?

(No response.)

COMMISSIONER HOLT: Everybody in San Antonio knows Deirdre. Yes, we are voting on this. Sorry. Do I have a motion on this?

COMMISSIONER HIXON: So move.

COMMISSIONER MARTIN: Second.

COMMISSIONER HOLT: Okay. Commissioner Hixon, second Commissioner Martin. All in favor?

(A chorus of ayes.)

COMMISSIONER HOLT: Any opposed?

(No response.)

COMMISSIONER HOLT: Hearing none, motion carries. Thank you, Dr. Gordon. Appreciate it.

Action Number 9 excuse me, Item Number 9 is an Action Item, Interstate Wildlife Violator Compact, Recommended Adoption of Proposed Changes. Major David Sinclair.

MR. SINCLAIR: Mr. Chairman and members of the Commission, I'm Major David Sinclair. This morning I'll be presenting the Wildlife Violator Compact and asking your permission for the Executor Director to join the compact.

I think that's the wrong program but I can talk about deer importation.

COMMISSIONER HOLT: I'm looking at a different picture here. You can talk about that one too, right?

MR. SINCLAIR: That's a little better.

COMMISSIONER HOLT: There we go.

MR. SINCLAIR: First of all, the Sunset Commission during this past session recommended the part of House Bill 3391, which was enacted, allowed the Commission to join the violator compact. The compact the reason it started in the western states, in 1989, Colorado, Nevada and Oregon, with legislation, started the compact and it was all started over commercial outfitters violating in one state and moving their business to another state.

So the compact prevented that from happening. They were blocked in those other states whenever they tried to move their business. Now, the compact purpose is obviously to encourage people to obey laws wherever they're hunting or fishing or any wildlife activities they're involved in.

The compact does two things here in Texas. One, it allows us to treat non-residents just like we do Texas residents and by that I mean, currently, a non-resident violates a Class C misdemeanor, a minor violation, we generally, in stand of those, we'll haul them to a magistrate, get them arraigned where they can post bond or pay a fine.

What the compact does is allows us to issue a citation, just like we would a Texas resident and then they'll have X number of days to contact the court.

Now the other thing that this does is allows our department to share information with other states, the other member states. It allows for us to suspend or deny licenses or permits.

Currently, this is the map with one exception. I understand Oklahoma is looking at going to their legislature in January. I've been communicating with Colonel Mannering up there and he's been asking for information about our legislation and our rules. So they're probably going to be looking at it but, as you can see there, there are 31 states that are current members of the compact. North Carolina, Alabama and Texas have passed legislation or in the rulemaking process.

Compact benefits: Parks & Wildlife game wardens obviously would spend less time hauling someone to the JP or to jail so they would get to spend more time out on patrol, the burden of the courts and jail facilities is reduced and the number of Failure to Appear cases is reduced because a non-resident can't ignore a violation where they are hunting or fishing.

And the wildlife law violators are put on notice that their activities in one state can affect their privileges to hunt and fish in all other participating states.

The proposed regulation, and this is the actual regulation that you'll be adopting and what it does is, it authorizes the Executive Director to enter the compact or withdraw from the compact, appoint a compact administrator. It also allows the Executive Director to refuse to issue a license, tag or permit. Also authorizes us to receive information and provide information to other member states and to process violators who are residents of other member states, for all fish and wildlife violations, and establish policies and procedure to implement the terms of the compact.

And, what we'll be doing there's about a 60-day waiting period. If you approve this, we'll send a letter to the compact, joining. And, during that interim time, we'll be working on these policies and procedures. Most of those are already in the compact; tells us exactly how to process how to contact the other states when we want to provide information to them about blocking licenses.

Now, in Texas we will be denying, we'll not be suspending. The suspension process is very lengthy and costly. We could do that by going through the Texas administrative hearing process but by the time you go through that, a suspension or denial would probably be moot.

What we will do, if there's an existing violator that has Failed to Appear, he's not contacted the state where they violated, we'll be able to block their future purchase of license until ever they until they take care of that.

COMMISSIONER HOLT: Future purchase of license in our state or in their state?

MR. SINCLAIR: Well, it would be if let's say a Texas resident goes to New Mexico and violates it's a Class C misdemeanor over there, same as ours. They sign a citation, they fail to contact the court in New Mexico. Well, if we get notice of that, what we would do is block any future purchase of a license or a permit by that person until they satisfy the court in New Mexico, and vice versa.

COMMISSIONER HOLT: Okay.

MR. SINCLAIR: On the public comment; there were 25 28, I guess, total comments. Twenty-five agreed completely. One agreed but thought minor infractions should not suspend a license and I would respond to that

is, the suspension of license, not the denial but the suspension is for egregious violations; hunting at night, hunting from a public roadway, hunting without landlord consent. Those major violations is when these other states and currently in Texas there are just a handful of those violations where we actually suspend; hunting deer at night, hunting from a public road, the court it's an automatic one-year, up to five-year suspension of hunting hunting and fishing privileges.

Only, Disagree Completely, there were two; one commented just thought it was overregulation by a state agency.

And the recommendation, Parks & Wildlife Commission adopts new Section 55.675, concerning the Texas Parks and Wildlife Commission joining the Interstate Wildlife Violator Compact, with changes necessary to the proposed text, as published in the October 2, 2009, issue of the Texas Register. With that, I'd be glad to answer any questions.

COMMISSIONER HOLT: Yes, sir.

COMMISSIONER BIVINS: David, if you'd go back to the map, the state map.

MR. SINCLAIR: Okay.

COMMISSIONER BIVINS: Why are almost all of the New England states not in this? It seems, with states that small and with borders that easily crossed, that they would all want to join this compact.

MR. SINCLAIR: And I don't have a good answer. I know, for years, Texas chose not to be because we thought we had to completely adopt the compact in its entirety and then we found out that, you know, we had the ability we had a little bit of latitude and that kind of, I think, swayed Texas and these other states may have that same concern.

COMMISSIONER HOLT: Okay. Any questions?

COMMISSIONER DUGGINS: A couple of things, David. If a hunter or fisherman's license is suspended or revoked by another state, let's say California, and that person comes to Texas and let's say they hunt without a license and we catch them, what happens there? Because you don't have any license to suspend at home, they'd already lost it.

MR. SINCLAIR: Correct. It would just be, you know, filing the charges in the appropriate court and a fine.

COMMISSIONER DUGGINS: But if he ignores it and goes back to California, there's really nothing we can do with the home state because he or she's already lost their license. Is that right?

MR. SINCLAIR: Yes, if they don't have a license in their home state but then you have all the other 30 states that could block that person so it's you know, everyone working together, it's a big deterrent.

COMMISSIONER HOLT: He's what you call an outlaw.

COMMISSIONER DUGGINS: Right, I agree with that.

COMMISSIONER HOLT: You're not going to stop him anyway.

COMMISSIONER DUGGINS: To the Chairman's point, if the outlaw's here, if they do try to get a license, if his or her license is already suspended or revoked in California, do we know when he or she applies here that it is revoked and then we deny on the spot?

MR. SINCLAIR: We would that information would be in our system. We would enter it in the point of sale, we would block that person, at the point of sale.

COMMISSIONER DUGGINS: At the point of sale. Okay.

MR. SINCLAIR: So they wouldn't be able to, you know, enter their correct information and purchase a license.

COMMISSIONER DUGGINS: Okay and then, the other question I had, when this was originally proposed, I think staff's suggestion was that we pick and choose which violations of other states we were going to observe

MR. SINCLAIR: Exactly.

COMMISSIONER DUGGINS: and I think I registered an objection, some others may have too. Where does that end up under this proposal?

MR. SINCLAIR: Well it, as I mentioned, when I asked for permission to publish at the Ft. Worth meeting in August, I said that we would apply this to all violations and that is the mindset now. You know, originally going in, we were under the impression Texas was like it has always been, wanting to pick and choose violations.

But you brought up a good point and, after staff discussed it, we agreed.

COMMISSIONER DUGGINS: So we are going to recognize the violation give full faith and credit to that, even though our rule might be different.

MR. SINCLAIR: Correct.

COMMISSIONER HOLT: Any other questions or comments because we do have some speakers, people, who'd like to speak to this.

David, thank you.

MR. SINCLAIR: Thank you.

COMMISSIONER HOLT: Kirby Brown up first and then Karl Kinsel next.

MR. BROWN: Mr. Chairman, Commissioners, how are you all today? My name is Kirby Brown. I'm with Texas Wildlife Association. We think this is going to enhance the protection of our wildlife resources and our landowners that are out there, especially in association with non-resident violators.

And, if someone from Texas violates a law in some other state, they need to take care of it. And that's what they have to do. So, this makes a lot of sense. It puts enforcement across the board and I will tell you, Commissioner, that I was one of those that wanted to pick and choose and make sure that some of these ticky-tack things that could happen in another state would not be an issue but if someone gets a ticket, they just need to take care of it there.

So, we want to put our support behind this.

COMMISSIONER HOLT: Kirby, thank you very much. Appreciate your taking the time. Karl?

MR. KINSEL: Good morning, all. Karl Kinsel, Executive Director of the Texas Deer Association. I appreciate being here and I'm sorry you can't enjoy that beautiful day out there. It's still very nice.

COMMISSIONER HOLT: Good.

MR. KINSEL: We certainly understand and certainly accept and are kind of seeking clarification on a couple of issues which, honestly, we've already discussed quite a lot with David Sinclair and others and so proud of that communication between our executive committee and the staff at Parks and Wildlife and particularly meeting with Carter and visiting over some things.

So, we certainly support that the punishment fit the crime and likewise, in all states and across borders. And we realize the leverage this compact could provide and we think that's good as well. I guess what we want to make sure that we've got on record is that we encourage the Commission to carefully consider that to what extent and what permit denial can really affect.

In other words, over the limit in one state and failure to appear to get your hunting license does that necessarily revoke and deny everything here. To state it a little more clearly, as to whether or not that would affect someone if they were over a limit on a bag limit in one state, is that going to affect their Triple T or their DMPs or their anything in this state as well?

So, please consider that maybe, in the implementation of this the infraction in one state would, most predominantly, only affect an infraction of like kind in this state, as well, and vice versa. Other than that, we certainly understand it and appreciate it and accept it. It can help enhance game laws. Thank you.

COMMISSIONER HOLT: Karl, yes, and Carter has visited with me about that also and I didn't so I wanted to point out a sentence in one of those slides that David put up and it talks about it and this is certainly why I've asked Carter and Major Sinclair to look into the can affect their privilege to hunt and fish in all participating states and vice versa. So, we're not interested in getting over on the commercial side in all those other areas. So, in other words, if you shot one too many dove in some other state, then do you lose your TT, you know, your transportabilities or whatever.

That certainly wasn't what I was looking for and my understanding is so correct me, in the compact, it's not saying, I mean

MR. SMITH: It's a good question, Chairman, and I think it deserves clarification and I appreciate Karl bringing up

COMMISSIONER HOLT: It's a good point.

MR. SMITH: this issue. I mean, certainly we have been contemplating this, in terms of suspension or revocation of hunting and fishing privileges.

COMMISSIONER HOLT: Right.

MR. SMITH: I think, though, you know, the way the compact is structured, it does give the participating agencies the abilities to revoke all kind of fish and wildlife-related permits. And so, our plan, from here on out, is to look at all of the myriad permits that the agency has and administers and disburses and see which ones would be, you know, most appropriate to look at, potentially rescinding or suspending, if there is a violation in another state and, that individual has not shown up for court, they have not paid their fine or they have not bothered to formally contest it.

And so, we issue a ton of permits, as you know. Some are commercial, related to fisheries and wildlife. Others are, you know, wildlife rehabilitator's permits, zoological permits, exotic species permits and we haven't done that analysis.

David and his team will take the time to go through all of that and see which ones we think are most appropriate and relevant to that and I think this gives us kind of a latitude to do it. We've gotten, obviously, your input on this and the Deer Association has shared some concerns they have about this and we'll take a hard look at that.

COMMISSIONER HOLT: Yes, and Karl, I'm glad you brought this up and Carter did bring it to me because I think you've made a good point. We will be very careful and continue to ask your input, Kirby Brown and others of how to do this the right way because, in my mind, it was always tied directly to the privilege to hunt and fish, not commercial activities and other types of activities.

MR. KINSEL: Thank you, Commissioner, for that clarification. We also realize that leverage still needs to exist. Thank you.

COMMISSIONER HOLT: Karl, thanks.

MR. SMITH: Chairman, the only thing I'll add to it is obviously what we've got, you know, we have a very active commercial fishery, for instance. And so, if you have, you know, a violation, an egregious violation in another state, I think, you know, we are going to be wanting to look at that and how that sort of commercial interest across state lines as part of our analysis is.

So, I guess what I'm telling you is, we've got a little more work to do on this before we're ready to make a formal proposal to the compact.

COMMISSIONER HOLT: Okay, then let me ask the question. So what are we voting on? It says here, we're voting on joining the Interstate Wildlife Violator Compact, with changes as necessary to the proposed text, so help me on this. Then, what are we voting on today?

MR. SMITH: Do you want to answer that, specifically in terms of the latitude?

MR. SINCLAIR: The slide that you're seeing now is what you'd be voting on. The latitude the review that we'll be doing would be the last bullet, establishing policies and procedures to implement the terms and those would be authorized by the Executive Director. But it's all of these bullets is what you'd be adopting today, giving

COMMISSIONER HOLT: Okay. Just these. So then we then will establish policies and procedures to implement the terms of the compact going forward, of which there are there's some flexibility in

MR. SINCLAIR: Yes, sir.

MR. SMITH: Yes, sir. We've got as much flexibility as we'd like. This gives us a lot of latitude.

COMMISSIONER HOLT: Okay, I just wanted to make sure we had that and we take into consideration all issues. I'm not trying I agree with this in principle but I don't want to use it as a hammer, you know, again, to maybe use Karl's point, you know, you shoot one bird over the limit over here in Colorado or some place. I understand you maybe you should have paid the fine but you haven't and then, all of a sudden, we're taking somebody's commercial license away to make a living. I've got a problem with that. I mean, so they don't balance to me. Okay?

So, I just want to make sure we're very careful on how we apply this once we do vote on this.

MR. SMITH: Okay, yes, we hear your feedback on that, loudly and clearly and I'm confident our team will take a hard look at that and analyze that accordingly.

COMMISSIONER HOLT: Okay. It might be why those old tough Yankees up there didn't want to join? Anyway, any other questions or comments?

(No response.)

COMMISSIONER HOLT: Do I have a motion?

COMMISSIONER DUGGINS: So move.

COMMISSIONER HUGHES: Second.

COMMISSIONER HOLT: Commissioner Duggins, Commissioner Hughes second. All in favor.

(A chorus of ayes.)

COMMISSIONER HOLT: With none opposed, the motion carries. Thank you all. Item number 10 — Deer Breeder Rules, it's an action item. Deer Importation — Recommended Adoption of Proposed Changes, Kevin Schwausch is up. Kevin?

MR. SCHWAUSCH: Good morning, Mr. Chairman, Commissioners. I was briefly excited to see that Sinclair was going to do my presentation. I felt I was going to have to do his and little fear came over me.

For the record, my name is Kevin Schwausch. I'm the Big Game Program Specialist. This morning I'll present an item concerning the

COMMISSIONER HOLT: Now, is that the deer that's on the license plate?

MR. SCHWAUSCH: I don't think so.

COMMISSIONER HOLT: No? Okay.

MR. SCHWAUSCH: Well, he looks pretty macho to me.

COMMISSIONER HOLT: Not pink either. I like that.

MR. SCHWAUSCH: I have a thing about pink, if you'll notice my tie. I will present an item concerning the current prohibition on the importation of white-tailed deer and mule deer into Texas on the basis of continuing concerns about transmissible diseases.

Under Parks and Wildlife Code, the Commission is authorized to regulate the possession of deer held in captivity under a breeder's permit and the procedures and requirements for the purchase and transfer, sale or shipment of breeder deer. Current rules do not allow for the importation of white-tailed deer or mule deer into Texas.

In March of 2009, the United States Department of Agriculture published a proposed rule that would create a single federal regulatory standard to replace the various state regulations in response to that were imposed in response to CWD.

Although the current breeder rule was promulgated in 2005, in response to these concerns over this prion disease. In the process of evaluating the proposed USDA rule, we recognize that our current prohibition has served as a comprehensive disease management strategy and we would like to clarify, on the record, that our current entry prohibition is intended to mitigate numerous disease threats to our Texas deer herds.

This proposal, if adopted, will help us demonstrate to others that there are many disease risks for deer and other wildlife other than chronic wasting disease. Staff has been concerned about various diseases such as epizootic hemorrhagic disease, exotic bluetongue, malignant catarrhal fever and adenovirus hemorrhagic disease, which are all viruses that affect deer or can be transmitted by deer to other wildlife or live stock.

Staff, therefore, recommends the continued closure of the state to the importation of white-tailed deer or mule deer. We are proposing this amendment because we believe the rationale for the basis of this rule should not be narrowly focused on chronic wasting disease but involve a more comprehensive analysis of the numerous disease threats.

The White-Tailed Deer Advisory Committee was briefed on the proposal and supports the continued border closure and we've had 16 public comments concerning this particular rule; 13 that were in support of the adoption, three were opposed. Of the three that were opposed, one gave no particular comments for the opposition, another stated that they would like to see the importation but did mention something about a quarantine period followed by testing of deer. The third seemed to be somewhat confused at what the intent of the proposal was and thought there would be some trumping of the DMP permit, which these two are not related in any way.

So, therefore, staff recommends that Texas Parks and Wildlife Commission adopts the repeal of 65.611 and adopts new 65.11, concerning deer breeder permits with changes as necessary to proposed text as published in the October 2nd of 2009 Texas Register.

With that, I'd be glad to answer any questions.

COMMISSIONER HOLT: Any questions or comments?

(No response.)

COMMISSIONER HOLT: We have a couple of speakers who'd like to come up. Kirby Brown up and Karl Kinsel follow.

MR. BROWN: Thank you, Mr. Chairman, Commissioners. This is, we think, a very important continued step. It was 2002 this Commission, in an emergency meeting in San Antonio, adopted the closure on white-tailed deer and mule deer that's been very successful in this state.

Almost 25,000 deer have been tested to date for CWD and it has not been found so we feel very fortunate and we feel a lot of that is owed to this closure and we think that it's very critical for disease management in the state of Texas to continue the closure at this time. Thank you.

COMMISSIONER HOLT: Thank you, Kirby. Karl?

MR. KINSEL: Karl Kinsel, Executive Director of Texas Deer Association and, likewise, we recognize the rationale of this rule and we also recognize, though, that we live and operate, you know, in a multistate commerce for many products and although we certainly agree to protect Texas at any and all costs, any and all times, we would ask that the Commission sometimes consider if there are individual variances that would warrant that, to just keep that consideration open.

That's all I have, sir.

COMMISSIONER HOLT: Any questions for Karl?

MR. KINSEL: Thank you.

COMMISSIONER HOLT: Okay, Karl. Thank you. Any other questions or comments?

(No response.)

COMMISSIONER HOLT: Do I have a motion?

COMMISSIONER BIVINS: So move.

COMMISSIONER HIXON: Second.

COMMISSIONER HOLT: Commission Bivins, second Commissioner Hixon. All in favor.

(A chorus of ayes.)

COMMISSIONER HOLT: Any opposed?

(No response.)

COMMISSIONER HOLT: Hearing none, motion carries. Thank you. Item Number 11, an action item, Approval of the Fiscal Year 10 audit plan. Carlos, Carlos Contreras.

MR. CONTRERAS: Good morning, Chairman Holt and Commission members. I'm Carlos Contreras, Director of Internal Audit for the record. I'm here before you this morning seeking approval of the FY 2010 internal audit, annual audit plan.

Government Code Chapter 2102, which is the Internal Auditing Act, requires that a state agency shall conduct a program of internal auditing that includes an annual audit plan prepared using risk assessment techniques and identifying individual audits to be conducted during the year. Additionally, the Government Code states that the governing body of the state agency or the institution of higher education must formally approve the audit plan.

I just wanted to talk briefly about what we did in coming up with the plan; our planning processes. We did a review of previous audit reports, and that includes our internal audit reports that were produced by my predecessor and the staff here of the State Auditor's Office. Of course their audits controller of public accounts and the Department of the Interior's Office of Inspector General those audits.

We had a review of internal, departmental documentation, the November Sunset Advisory Commission staff report, the latest General Appropriations Act from the 81st Legislature, our natural agenda for the fiscal year 2009 through '13 and the 2009 business plan analyses for the department.

Additionally, we went out and received input from really all levels of management and select staff, by conducting interviews and sending out surveys. Once we gathered all this information, we conducted an agency-wide risk assessment that involved identifying auditable units within the department.

We went through and members of my team and myself scored the individual projects using the established risk factors and, in the audit plan, as one of the Appendices, the risk factors for our selection are in there.

And, finally, we categorized these projects as program, operational, or information technology. Now, the proposed projects that we have, we have recurring assignments and those are the park audits. I've been working with Walt and Scott Boruff and we've decided to audit the parks every other year, so we will do half the parks each year. And, I think that will be sufficient coverage for that. The other recurring assignment is the cash handling at the Law Enforcement offices and, again, I've been working with Colonel Flores and Lieutenant Colonel Hunter to find, you know, the right time, the most advantageous time for us to go and conduct this work.

Other operational projects include a review of the Accounts Payable function, which is ongoing, a review of federal and state park grants programs, an audit of the construction process, a review of procurement card activity, a review of the Texas Freshwater Fishery Center and proposed IT-related projects, include a general controls review of selected division applications, TAC 202 compliance review and an audit of software licensing.

Actually, these first three projects are going to be done in concert with the IT Division. One of the things when I came on board, I had a discussion with George Rios about taking a look at their baseline of operations and determining whether they're in compliance; all of the regulations, all of the mandates that are out there, including best practices.

So, now with the hiring and the coming on of an IT Auditor on November 16th, we can go ahead and open up some of these projects and start them. There's a security review of web-based applications being used within the department and, finally, there's going to be an Application Controls Audit of the TxParks System. Now, this project though is contingent on the implementation and the training and actually the implementation of the system itself.

And so, I do have a number of alternative projects, given the fact that, if the implementation isn't according to schedule that we can substitute for this. Given that, our staff recommends that the Texas Parks and Wildlife Commission adopt the following motion: That they approve the FY 2010 Office of Internal Audit annual audit plan.

I'm open for any questions that you might have.

COMMISSIONER HOLT: Any questions or comments? Yes, sir, Mr. Duggins, sir.

COMMISSIONER DUGGINS: Carlos, on page 163 of our book, where you discuss the risk levels, you state that it's important for the Commission to understand the limitations of audit coverage and the attendant risk for areas not audited. And then you say that according to the Texas Internal Auditing Act, it's the Commission's responsibility to conclude whether resources are adequate to address the identified risk.

As a part of your risk assessment, did you identify any areas of any high risk areas that will not receive audit coverage that you think should receive audit coverage and you just don't have the staff to do it?

MR. CONTRERAS: No, sir, no. As far as the projects that are listed there, I think we're covering some of the larger areas, I guess some of the riskier areas and that was our intent. As we've moved forward, we're trying to get away from doing a lot of the park audits that we were mandated to do and we're moving into all the divisions within the department and trying to do work there.

Historically, we haven't gone to some of the areas within the department due to resource constraints or it's simply for the fact that the SAO wanted us to do the park work and so, we need to go back and actually do a proper risk assessment and go out to those areas that we feel, based on our professional judgment, are the ones that merit our resources.

COMMISSIONER DUGGINS: But what I'm trying to make sure is that you are comfortable, you have adequate resources to identify the high risk areas that you think deserve internal audit attention so that we fulfill our responsibility under the Texas Internal Auditing Act.

MR. CONTRERAS: Yes, sir. Yes, sir. I do believe that. One of the areas that concerned me was the lack of an IT Auditor but, like I said, we've gone ahead and hired the individual and he's coming on board on the 16th.

COMMISSIONER DUGGINS: Okay.

MR. CONTRERAS: And I think that's going to mitigate a lot of the risk because we'll be able to do that important work that's related to IT operation.

COMMISSIONER DUGGINS: Okay. Thank you.

COMMISSIONER HOLT: Thank you, Commissioner. Good questions. I want to give Carlos a lot of credit, you know, tightened it up and got the credibility to go with SAO which it started with your predecessors, but we really appreciate the work you've done. I think we're in much better shape on the audit side than we've been so certainly since I've been on the Commission, anyway. So I want to thank you, Carlos.

Any other questions or comments for Carlos?

(No response.)

MR. CONTRERAS: Thank you.

COMMISSIONER HOLT: Thank you. Do we this is an action item. Do I have a motion?

COMMISSIONER HIXON: So move.

COMMISSIONER MARTIN: Second.

COMMISSIONER HOLT: Commissioner Hixon, second, Commissioner Martin. All in favor.

(A chorus of ayes.)

COMMISSIONER HOLT: Okay. Any opposed?

(No response.)

COMMISSIONER HOLT: Hearing none, motion carries. Item Number 12 — Action — Request for Representation Regarding Property Partition — Tom Green County — San Angelo Regional Office Complex, Ms. Ann Bright.

MS. BRIGHT: Good morning, Commissioners. For the record, I'm Ann Bright, General Counsel. This is a request. This first slide still says, Partition. You'll see we've modified the motion, based on our discussion yesterday. This concerns the San Angelo what we've been referring to as the San Angelo Fish Hatchery property, however, it's not been used as fish hatchery for a number of years. It's actually in the city limits of San Antonio, in Tom Green County.

There are two tracts totaling 60 acres. The history of this, just very briefly, is that in 1928, 11 businessmen purchased and gave this property to the predecessor to the agency, the Game, Fish & Oyster Commission, to be used as a fish hatchery, provided that if, at any point, for a year it was not used as a fish hatchery, then it would revert. We haven't really been using it as a fish hatchery for a number of years.

We've acquired, by either donation or acquisition, approximately six-elevenths of the interest. We've got headquarters offices, that's our regional complexes on that property. It's in need of some construction and improvements. We recommend that the property be partitioned or other appropriate action consistent with our discussion yesterday.

The motion has been changed from yesterday to request that or to state that the Executive Director is authorized to request the Office of the Attorney General to initiate a partition action or take other appropriate action consistent with TPWD policy and commission directives to obtain clear title to the property on which the TPWD regional headquarters complex is located in San Angelo, Tom Green County, Texas. And, I'd be happy to answer any questions.

COMMISSIONER HOLT: All right. Any questions or comments?

(No response.)

COMMISSIONER HOLT: We had a very good discussion yesterday in Executive. Do I have a motion?

COMMISSIONER BIVINS: So move.

COMMISSIONER MORIAN: Second.

COMMISSIONER HOLT: Mr. Bivins, second by Commissioner Morian. All in favor.

(A chorus of ayes.)

COMMISSIONER HOLT: Any opposed?

(No response.)

COMMISSIONER HOLT: Hearing none, motion carries. Thank you, Ann.

Action excuse me, Item number 13, Action — Nomination for Oil and Gas Lease — Dimmit and LaSalle counties, Chaparral Wildlife Management Area. Corky Kuhlmann. Corky?

MR. KUHLMANN: Good morning. For the record, Corky Kuhlmann, Land Conservation Program. This item is in regards to a mineral lease at the Chaparral Wildlife Management Area, LaSalle and Dimmit counties. The area consists of approximately 15,000 acres, west of Artesia Wells.

A mineral lease for parks and wildlife land lies with the General Land Office. We have a nomination for the minerals at Chaparral Wildlife Management Area. We only own one-sixth of the mineral interests there. The terms are, as you see, 25 percent royalty, a minimum bonus of $600 per acre, $10 delayed rental, three-year lease term and to negotiate the surface use agreement.

Staff recommends that Texas Parks and Wildlife Commission adopt the following motion: "The Executive Director is authorized to approve for nomination for oil and gas lease to the Board for Lease for Texas Parks and Wildlife Department Lands, all mineral interests owned at the Chaparral Wildlife Management Area to negotiate and implement a Surface Use Agreement between TPWD and the Lessee." I'll be glad to answer any questions.

COMMISSIONER HOLT: Any questions for Corky? I guess that's an area getting hot down there, just get all we can get, as they say.

MR. KUHLMANN: We're going to try, I guess.

COMMISSIONER HOLT: All right. Any questions or comments?

(No response.)

COMMISSIONER HOLT: Do I have a motion?

COMMISSIONER MARTIN: So move.

COMMISSIONER HOLT: Commissioner Martin.

COMMISSIONER HIXON: Second.

COMMISSIONER HOLT: Second, Commissioner Hixon. All in favor?

(A chorus of ayes.)

COMMISSIONER HOLT: Any opposed?

(No response.)

COMMISSIONER HOLT: Hearing none, motion carries. Thank you, Corky.

Item Number 14, an action item — Pipeline Easement — Harris County — San Jacinto Battleground State Historic Site.

Mr. Ted Hollingsworth, please. Make your presentation.

MR. HOLLINGSWORTH: Chairman, Commissioners, good morning. My name is Ted Hollingsworth; I'm with the Land Conservation Program. This item is a request from a chemical company and pipeline operator to install a pipeline across the San Jacinto Battleground in Harris County.

San Jacinto is located about 25 miles due east of downtown Houston. Staff has been working with the engineer and the construction firm for the pipeline for seven or eight months now to find a route that minimizes impact to the park. The pipeline is to be directionally drilled below all state historic site properties. There will be one entry/exit point in the park. Otherwise, all impacts will be 45 feet underground where the pipe is inserted.

COMMISSIONER HOLT: How deep? Sorry.

MR. HOLLINGSWORTH: Forty-five. Excuse me. Minimum depth upon entering the park boundary's about 11 feet, bottomed up to 45; be 45 feet most of that distance. The route is shown in yellow at the map you're looking at. It turns out that, technically, we do own the property to the middle of the state highway but by going down the shoulder of the road, literally in the existing bar ditch along that road, we are able to reduce any chance of their being impacts to cultural resources associated with the battleground site.

Again, we've chosen a route and worked with them that will minimize impacts to vegetation, any potential impacts to buried resources, there'll be a thorough investigation of the surface, that entire length of that pipeline, for cultural resources, in case there are any future disturbances associated with emergency access or repair or maintenance of the pipeline.

The standard 10-year lease of the distance is 94 rods. Even with the directional drilling, we told the operator that because of the high-profile nature of the site, we wanted double, more published rates for damages and occupancy annual fees at the site, which they've agreed to. And, we will be issuing that lease.

With that, the motion before you is that "The Executive Director is authorized to negotiate terms and conditions under which an easement may be granted, and to grant an easement, to Mustang Engineering, L.P., for the construction of an eight-inch diameter pipeline across the San Jacinto Battleground State Historic Site." I'll be happy to answer any questions you have.

COMMISSIONER HOLT: Any questions for Ted?

Yes, Commissioner Duggins.

COMMISSIONER DUGGINS: Ted, two questions. One, at the expiration of the term of the proposed easement, will the owner of the easement the holder of the easement be required to remove the pipeline, first question. The second question is will the easement agreement include a complete indemnity agreement for any loss or damage that might arise as a result of the installation or use of

the

MR. HOLLINGSWORTH: Yes, sir. I understand the question. In the first case, all of our easements reserve to us the right to have the owner remove the infrastructure or leave it in place, at our discretion. The last couple that have been abandoned, we've had them thoroughly pigged. We've asked for the pig reports, the testing reports and we've actually chosen to leave them in place because it's less damage to the resource than to try and remove them. But we reserve that right in all cases. And, yes, sir, we have a thorough indemnification. Any damage that occurs, for any reason negligence or otherwise, act of God any impact that occurs as a result of that easement, the owner/operator is fully responsible for.

COMMISSIONER DUGGINS: And is it fully assignable or is assignable only with our consent.

MR. HOLLINGSWORTH: It is assignable with our consent, which will not be unreasonably withheld. Yes, sir.

COMMISSIONER HOLT: Any other questions or comments from Ted because we do have some public comments. Okay, Ted. Thank you. I'm going to call out, look like there's about four people that want to speak. I'll ask the first one to come up and then ask for the second to be on standby.

Wes Brown to come up and Joe Franklin on standby.

VOICE: We're here only on standby if you have any questions.

COMMISSIONER HOLT: Okay. Are you guys representing the Mustang Engineering Group?

MR. BROWN: I represent [indiscernible] which is the company that's asking for the

COMMISSIONER HOLT: Is that all four of you then, Joe Franklin, Dave Roznowski, and Paul Grandle?

MR. BROWN: That's correct.

COMMISSIONER HOLT: Anybody have any questions for them? They're representing the company that's requesting this. Any response?

(No response.)

COMMISSIONER HOLT: Okay, this is an action item. Do I have a motion?

COMMISSIONER DUGGINS: So move.

COMMISSIONER MORIAN: Second.

COMMISSIONER HOLT: Okay. Commissioner Duggins. Second by Commissioner Morian. All in favor please say aye.

(A chorus of ayes.)

COMMISSIONER HOLT: Any opposed?

(No response.)

COMMISSIONER HOLT: Okay. Hearing none, motion carries. Ted, thank you. And thank you all for coming, taking the time to come over.

Number Item 15, Action — Land Acquisition — Hardin County — approximately 1,500 Acres at Village Creek State Park. Ted, you're up.

MR. HOLLINGSWORTH: Chairman, Commissioners, good morning. My name is Ted Hollingsworth; I'm with the Land Conservation Program. This is the second reading of an item that would result in a purchase of property at Village Creek State Park about 20 miles north of Beaumont, a park that's been open since 1993 and is rapidly growing in popularity.

The proposal would add that property outlined in yellow, about 1,500 acres, would increase the area of the park, would well over double the area of the park. The city of Lumberton has been encroaching rapidly on the park since before we opened it to the public.

Currently, you can see there's neighborhoods to the north and to the west of the park. South is really the only direction we could go. We identified this tract 15 years ago as a high priority for acquisition. Over the last three years or so, the Conservation Fund has taken a very active role in working with the owners of that property and bringing resources to the table to make this transaction possible.

The long and short of it is that they have done all the legwork. They've been able to cover about three-quarters of the cost of this transaction through grant dollars and are offering us the property at the balance due, which is about a quarter of the appraised value. I would like to say that this has just been an exemplary public/private partnership to see this conservation happen. I really would like to recognize Andy Jones, who, I believe, has joined us this morning.

He literally has done all the heavy lifting. He's done the negotiating, he's worked with the landowner, he's made sure we had proper access agreements in place, he's had the title work done, he's been on the ground, he's raised the money and handed this one to the state on a silver platter. And, it's the kind of relationship we would like to see a lot of around the state.

COMMISSIONER HOLT: Can he get about 100 more of these deals done? This is great.

(Laughter.)

MR. HOLLINGSWORTH: I've got a wish list about eight pages long.

COMMISSIONER HOLT: So Andy, thank you very much. I'll just say that ahead of time. This is terrific. This is really terrific.

MR. HOLLINGSWORTH: And with that, the motion before you is, The Texas Parks and Wildlife Commission authorizes the Executive Director to take all necessary steps to acquire approximately 1,500 acres in Hardin County for addition to Village Creek State Park.

I'd be happy to answer any questions.

COMMISSIONER HOLT: Any questions or comments for Ted? Okay.

(No response.)

COMMISSIONER HOLT: Do I have a motion?

COMMISSIONER HUGHES: Motion.

COMMISSIONER HIXON: Second.

COMMISSIONER HOLT: Commissioner Hughes. Second Commissioner Hixon. All in favor?

(A chorus of ayes.)

COMMISSIONER HOLT: Any opposed?

(No response.)

COMMISSIONER HOLT: Okay. Hearing none, motion carries. Again, Andy, thank you and Ted, you also.

Chairman excuse me, Item number 16 — an action item — Request Commission Approval of the Texas Parks and Wildlife Department Land and Water Resources Conservation and Recreation Plan. They're going to have to come up with a little less wordage there. Maybe we'll get Ann to come up with something.

What do we have on the front? Just land and water. Anyway, Ted.

MR. HOLLINGSWORTH: Chairman and Commissioners, my name is Ted Hollingsworth. I'm with Land Conservation Program. I would like to say I've done all the heavy lifting on this project too, but I haven't. Jeannie Munoz Poor here has done more lifting, I think, than I have and I would like for her to talk to you about the Land and Water Plan this morning.

MS. POOR: Chairman and Commissioners, good morning.

Before we get started, I'd also like to recognize a couple other people on my team. They're not in the room today.

COMMISSIONER HOLT: Well, will you give your name

so

MS. POOR: I'm sorry. For the record, Jeannie Munoz Poor. I'm with the Executive Project Management Office. I'd like to recognize Larry Sieck, he's also with the Executive Project Management Office and Karen Pianka, she's with the Wildlife Division. They were two of the members of the core team that worked with Scott Boruff, Ted Hollingsworth and myself.

I'd also like to recognize a couple of folks from the Creative Services Branch, Tim Peterson, who's not in the room today. He did a great job on the layout and design on this and then, I believe we do have two other folks in the room; Karen Blizzard, who worked a lot with the writing and the editing with us and also Chase Fountain, who did a great job on the photo selections.

The Land and Water Resources Conservation and Recreation Plan is what I'm here to present to you today. From here forward, we'll call it the Land and Water Plan. As you know, the 2010 Land and Water Plan this is going to be the second revision of the Plan since its approval and publication in 2002.

As Ted mentioned yesterday, this is more of a rewrite of the Plan and because it was a major rewrite, we wanted to throw a broad net and get as much input as we could. We did that through the Texas Conservation and Recreation forum; these are 12 regional forums across the state, based on major watersheds.

This includes not only internal staff but a lot of our external stakeholders. Collectively, the Texas Conservation and Recreation forums held 43 meetings. These meetings included conservation partners from NGOs state and regional, local governments and several of the universities.

We also went out for public comment through the website and got a lot of feedback there, as well as held public meetings across the state.

What we wanted the 2010 Land and Water Plan to be, we wanted it to produce a clear vision of where the agency was going to move in the years ahead. We also wanted to create a culture of inclusion, so this really needed to be a bottom-up process. We wanted a lot of buy-in from staff so we really needed the field staff, lower level staff, mid-management staff, as well as the upper management staff, to all be a part of this process.

We did want to incorporate a lot of input from stakeholders across the state and that's why we did go out for so much public comment. We wanted this Plan to be user friendly, easy to read. We wanted it to be compelling, something that people were going to be able to pick up and want to read and want to share with other folks.

And, importantly, we wanted to drive behavior, at all levels, consistent with the agency's mission. The 2010 goals; we went down to four goals from the eight, from the 2005 Plan. We don't believe that we've lost anything from the 2005 Plan, we've only really enhanced it.

We've kind of grouped some of the items together. The first one would be, Practice and Encourage Science-based Stewardship of our Natural Resources. The second one would be Increase Access and Participation to the Outdoors. Three, we would like to educate and engage Texas citizens to support conservation and recreation and four, we will continue to do good business.

Something we didn't quite mention yesterday, the distribution of this. The print version we hope to have produced in December and distributed to the staff in early January. we are working with Maria Araujo to translate the words into Spanish so that we could do a Spanish version as well.

We're hoping to get that out in January as well, maybe February, depending on how long the translation takes. And then, the electronic version, which Ted talked about extensively yesterday, and we're going to try and get this up as soon as possible but it could take a couple of months to get a lot of the links input into that.

COMMISSIONER HOLT: And will you put sorry to interrupt. Post that also in English and Spanish

MS. POOR: Yes, sir.

COMMISSIONER HOLT: eventually. Okay.

MS. POOR: I know that yesterday Commissioner Bivins joked about the size of this. I just wanted to let everybody know that it is going to be an 8-1/2 by 11, landscaped, so it'll be about the size of this document right here and the only kind of changes that there'll be from what you saw in this little booklet are going to be things like; we might change a couple of photos or we might move some of the text around, but the goals and the objectives are going to stay the same. We're not going to have any changes to that. That being said, staff recommends the motion before you, Texas Parks and Wildlife Commission adopts by resolution, Exhibit A, the 2010 Texas Parks and Wildlife Land and Water Resources Conservation and Recreation Plan, as presented, and authorize the Executive Director to print and distribute copies of the Plan.

And, with that, I'll be happy to answer any questions.

COMMISSIONER HOLT: Any questions for Jeannie?

Good presentation yesterday and today. We do have one individual that would like to speak. Thank you, Jeannie.

Kirby Brown, please come up.

MR. BROWN: Mr. Chairman, Commissioners, I just wanted to say something bad about this process but I can't. It was done very well. Excellent outreach. We had members at many of the public hearings around the state. The abbreviated format is a very attractive format. I think it's going to be very effective for the public to read and understand and I wanted to thank Carter, Scott Boruff, Ted and, of course, Jeannie, for their hard work and all the staff that were involved in this.

They picked up our concerns and it wouldn't have been exactly where I'd have put them but they got them in there and I appreciate that and we're also looking forward to working as these as this Plan steps down into the Division level and working with those things and get the specifics and directions.

So, again, just I wanted to just publicly congratulate you guys and the staff on this effort. I think this is a great way to go. Thank you very much.

COMMISSIONER HOLT: Kirby, thank you very much. Any other questions or comments of Jeannie?

(No response.)

COMMISSIONER HOLT: Jeannie, I want to thank you and Ted and, of course, Scott Boruff is not here today but I've thanked him already and I appreciate one, being so inclusive, not only externally to our constituents, the citizens of Texas, but also internally and getting the involvement to start with so that we get a lot of buy-in before we ever even put it out.

And then, what's exciting to me is, because I think it is the key, well, lots of things; one, you reduced it from eight to four goals, which I think was important, I think, and now the key is to get everybody involved and understanding that, you know, for all 3,100 of us here at Texas Parks and Wildlife, this is what we are and who we are and how we want to go about it and then the key is to implement it. And, I think of course, that takes some time.

But, I think a great first step. So, I'm real proud of it and I appreciate it.

MS. POOR: Thank you.

COMMISSIONER HOLT: Thank you. With that, do we have a motion?

COMMISSIONER HIXON: So move.

COMMISSIONER MARTIN: Second.

COMMISSIONER HOLT: Okay, Commissioner Hixon, second, Commissioner Martin. All in favor.

(A chorus of ayes.)

COMMISSIONER HOLT: All right. Great. Thank you very much. This Commission has completed its business. I declare us adjourned. Thank you everybody. Thank you for coming.

(Whereupon, the meeting was adjourned at 11:25 a.m.)

In official recognition of the adoption of this resolution in a lawfully called public meeting of the Texas Parks and Wildlife Commission, we hereby affix our signatures this __ day of ______ 20__.

___________________________________
Peter M. Holt, Chairman

___________________________________
T. Dan Friedkin, Vice-Chairman

___________________________________
Mark E. Bivins, Member

___________________________________
Ralph H. Duggins, Member

___________________________________
Antonio Falcon, M.D., Member

___________________________________
Karen J. Hixon, Member

___________________________________
Dan Allen Hughes, Jr., Member

___________________________________
Margaret Martin, Member

___________________________________
S. Reed Morian, Member

C E R T I F I C A T E

MEETING OF: Texas Parks and Wildlife Commission
LOCATION: Austin, Texas
DATE: November 5, 2009

I do hereby certify that the foregoing pages, numbers 1 through 107, inclusive, are the true, accurate, and complete transcript prepared from the verbal recording made by electronic recording by Penny Bynum before the Texas Parks and Wildlife Commission.

11/20/09
(Transcriber) (Date)
On the Record Reporting, Inc.
3307 Northland, Suite 315
Austin, Texas 78731


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