Commission Meeting Agenda Item No. 1
Presenter: Dakus Geeslin
Action
2024-2025 Statewide Recreational and Commercial Fishing Proclamation
Spotted Seatrout Harvest Rules
Recommended Adoption of Proposed Changes
January 25, 2024
I. Executive Summary: Staff seeks adoption of proposed changes to the Statewide Recreational and Commercial Fishing Proclamation for the 2024-2025 season, which consist of the following:
Coastal Fisheries
- Spotted Seatrout – Change the bag limit from five fish to three fish per day and change the slot limit from 15-25 inches to 15-20 inches. One fish over 25 inches would be allowed to be kept per day and would count towards the three-fish bag. These regulations would go into effect coastwide.
II. Discussion: Following Winter Storm Uri in February of 2021, Texas Parks and Wildlife Department (TPWD) adopted rules that limited harvest of spotted seatrout in order to aid and accelerate recovery of the fishery following the freeze. These regulations expired August 31, 2023, and TPWD heard from many constituents who favored the more restrictive regulations becoming permanent. In the fall of 2023, a series of public scoping meetings and a Texas A&M University online survey showed that anglers largely prefer more restrictive bag and slot limits for spotted seatrout. TPWD also consulted its long-term fishery monitoring data set and found that spring spotted seatrout adult and sub-adult catch rates were lower in 2021, 2022, and 2023 compared to the years immediately preceding the freeze.
Responsibility for establishing seasons, bag limits, and means and methods for taking fisheries resources for recreational purposes is delegated to the Texas Parks and Wildlife Commission (Commission) under Texas Parks and Wildlife Code, Chapters 61 (Uniform Wildlife Regulatory Act) and 66 (Fish and Aquatic Species). The proposed rule is based upon suggestions from the public, statutory requirements, and Commission policy, including scientific investigation and required findings of fact where applicable. The proposed changes are intended to increase recreational opportunity, decrease regulatory complexity where possible, promote enforcement, and provide for the sound biological management of the wildlife resources of the state.
The proposed new rule would alter the bag, possession, and length limits for spotted seatrout. The proposed change coastwide would include the following: a minimum length limit of 15 inches, a reduced maximum length of 20 inches, and a reduced the possession limit to a three-fish bag limit, with one oversized trout over 25 inches that could be harvested as part of the daily bag limit. The proposed rule would also repeal the prior harvest rule that expired on its own term.
At the Commission Work Session meeting on November 1, 2023, staff was authorized to publish the proposed rules in the Texas Register for public comment. The proposed rules appeared in the December 22, 2023, issue of the Texas Register (48 TexReg 7866). A summary of public comment on the proposed rules will be presented at the time of the meeting.
III. Recommendation: Staff recommends that the Commission adopt the following motion:
“The Texas Parks and Wildlife Commission adopts amendments to 31 Texas Administrative Code §57.981, concerning Bag, Possession, and Length Limits, and the repeal of §57.983, concerning Spotted Seatrout — Special Provisions, as listed in Exhibit A, with changes as necessary to the proposed text as published in the December 22, 2023, issue of the Texas Register (48 TexReg 7866).”
Attachment – 1
Commission Agenda Item No. 1
Exhibit A
STATEWIDE RECREATIONAL FISHING PROCLAMATION
SPOTTED SEATROUT HARVEST RULES
PROPOSAL PREAMBLE
1. Introduction.
The Texas Parks and Wildlife Department proposes an amendment to 31 TAC §57.981, concerning Bag, Possession, and Length Limits, and the repeal of §57.983, concerning Spotted Seatrout — Special Provisions. The proposed amendment would alter the bag, possession, and length, limits for spotted seatrout. The proposed repeal would eliminate a spotted seatrout harvest rule that expired on its own terms on August 31, 2023, and is no longer necessary.
2. Justification for the Rule.
In February of 2021, Winter Storm Uri caused a die-off of more than 3.8 million fish on the Texas Coast, with spotted seatrout mortality the highest reported among recreational game fish. An estimated 160,000 spotted seatrout were lost coastwide, with highest losses on the lower coast. On April 1, 2021, the department adopted an emergency rule (46 TexReg 2527) to protect seatrout populations by reducing harvest, which had the additional benefit of accelerating recovery of spotted seatrout in the Laguna Madre system. The emergency rule expired on September 28, 2021. After post-freeze data analysis identified significant impacts in other coastal areas, the commission adopted new §57.983 (47 TexReg 1290) in January of 2022, which mirrored the provisions of the emergency rule (a three-fish daily bag limit, a minimum length limit of 17”, and a maximum length limit of 23 inches, with no provision for the retention of oversize fish) but expanded its geographical extent. The new rule was intended to be temporary in nature; thus, it contained an expiration date of August 31, 2023.
Section 57.983 was intended to increase spotted seatrout spawning stock biomass and recruitment to the fishery as a means of recovery following the freeze event. According to modeled data that considers spotted seatrout life history, the full benefit of the rule would take approximately seven years to be realized. Departmental fishery-independent data show continued impact to adult spotted seatrout populations since 2021. Coastwide spring gillnet data shows that the spotted seatrout population remains below the ten-year mean ( a decline from recent historical average) and lower coastwide following the freeze event. Despite this, coastwide bag seine data shows increasing recruitment since 2021 to pre-freeze levels.
While the recruitment trends are encouraging, the department continues to receive comment from the regulated community indicating lingering concerns over the long-term sustainability of the fishery and advocating to make permanent the more restrictive bag and length limits permanent of the expired §57.983.
Upon expiration of §57.983, the harvest regulation for spotted seatrout in §57.981 (five-fish daily bag limit, 15” minimum length limit, 25” maximum length limit, with one fish longer than 25” allowed to be retained as part of the daily bag limit) resumed effect.
To gauge public satisfaction with the current spotted seatrout fishery and gather angler preferences for future spotted seatrout management, six public scoping meetings were held in Port Authur, Texas City, Port Lavaca, Rockport, Corpus Christi, and Port Isabel from October 17 to October 19, 2023. A total of 281 people attended the scoping meetings, and over 275 comments were received during the meetings as well as via email. Of the comments received, only 4% of respondents opposed any changes to current limits. Additionally, of respondents who specified a specific slot length, 39% were in favor of a 17”-23” slot and 29% favored a 15”-20" slot. Eighty-three percent of comments that specified a bag limit were in favor of a three- fish bag.
Additionally, the department contracted with Texas A&M University to conduct an online survey hosted on Qualtrics using a modified Dillman (1978) e-mailing procedure in September 2023 to gauge public satisfaction with the current spotted seatrout fishery. A stratified random sample size of 10,000 recreational anglers in 32 counties who held one of 22 different license types (all of which were license types that allow anglers to saltwater fish) made up the sample population. The distribution of surveyed anglers among the 32 counties was determined based on encounters at creel surveys that targeted spotted seatrout. The sample also included a census (1,584 individuals) who held an all-water fishing guide license. Of the completed surveys received, recreational anglers (47%) most supported a 15”-20” slot, three- fish bag limit, with one fish over the maximum size allowed, while a 17”-23” slot, five-fish bag limit, with one fish over the maximum size allowed was least supported (56%). Of the completed surveys received, fishing guides (54%) most supported a 15”-20” slot, three-fish bag limit, with one fish over the maximum size allowed, while a 17”-23” slot, five-fish bag limit, with one fish over the maximum size allowed was least supported (80%).
The department also analyzed long-term fishery-dependent data to inform the proposed amendment. In 2020, the year before the freeze, approximately 50% of anglers who landed any seatrout landed just one seatrout. This trend was even more pronounced when the emergency regulation was in place, with approximately 67% of anglers landing just one seatrout. The department also evaluated angler satisfaction as it related to bag size between years with the emergency regulations and those without. This evaluation showed that while satisfaction is positively correlated with number of fish caught, the satisfaction of reaching the bag limit was similar regardless of the three fish or five fish bag limit.
Based on the harvest and population data and the input of the regulated community, the department proposes to alter the current harvest rule by implementing a reduced daily bag limit (from five fish to three fish), retaining the current minimum length limit of 20”, reducing the maximum length limit to 20” from 25”, and continuing to allow the retention of one fish longer than 25” as part of the daily bag limit. The proposed amendment would be implemented on a coastwide basis.
The proposed repeal is necessary to repeal a harvest rule that is unnecessary because it has expired on its own term.
2. Fiscal Note.
Mr. Dakus Geeslin, Deputy Director, Coastal Fisheries Division, has determined that for each of the first five years that the rules as proposed are in effect, there will be no fiscal implications to state or local governments as a result of administering or enforcing the rule.
3. Public Benefit/Cost Note.
Mr. Geeslin also has determined that for each of the first five years that the rule as proposed is in effect:
(A) The public benefit anticipated as a result of enforcing or administering the proposed rule will be the dispensation of the agency’s statutory duty to protect and conserve the fisheries resources of this state by protecting fisheries resources from depletion. In addition, the rule will increase the long-term sustainability of the resource, based on projected future impacts and expected changes to the fishery based on fishing pressure.
(B) Under the provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses, micro-businesses, or rural communities. As required by Government Code, §2006.002(g), the Office of the Attorney General has prepared guidelines to assist state agencies in determining a proposed rule’s potential adverse economic impacts to small businesses, micro-businesses, or rural communities. Those guidelines state that an agency need only consider a proposed rule’s “direct adverse economic impacts” to small businesses and micro-businesses to determine if any further analysis is required. For that purpose, the department considers “direct economic impact“ to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services.
The department has determined that the proposed rule will not result in direct adverse impacts on small businesses, micro-businesses, or rural communities because spotted seatrout by statute cannot be harvested for commercial purposes and because the proposed rule regulates recreational license privileges that allow individual persons to pursue and harvest wildlife resources in this state and therefore does not directly affect small businesses, micro-businesses, or rural communities. Therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.
(C) The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rule as proposed will not impact local economies.
(D) The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rule.
(E) The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rule.
(F) In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rule as proposed, if adopted, will:
(1) neither create nor eliminate a government program;
(2) not result in an increase or decrease in the number of full-time equivalent employee needs;
(3) not result in a need for additional General Revenue funding;
(4) not affect the amount of any fee;
(5) not create a new regulation per se, but will modify an existing regulation;
(6) not repeal, expand, or limit a regulation;
(7) neither increase nor decrease the number of individuals subject to regulation; and
(8) not positively or adversely affect the state’s economy.
(G) The department has determined that the proposed rule is in compliance with Government Code, §505.11 (Actions and Rule Amendments Subject to the Coastal Management Program).
4. Request for Public Comment.
Comments on the proposed amendment may be submitted to Michaela Cowan, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-8734; e-mail: cfish@tpwd.texas.gov or via the department’s website at http://www.tpwd.texas.gov/.
5. Statutory Authority.
The amendment and repeal are proposed under the authority of Parks and Wildlife Code, Chapter 61, which requires the commission to regulate the periods of time when it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; the means, methods, and places in which it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; the species, quantity, age or size, and, to the extent possible, the sex of the game animals, game birds, or aquatic animal life authorized to be hunted, taken, or possessed; and the region, county, area, body of water, or portion of a county where game animals, game birds, or aquatic animal life may be hunted, taken, or possessed.
The proposed amendment and repeal affect Parks and Wildlife Code, Chapter 61.
§57.981. Bag, Possession, and Length Limits.
(a) – (b) (No change.)
(c) There are no bag, possession, or length limits on game or non-game fish, except as provided in this subchapter.
(1) – (4) (No change.)
(5) Except as provided in subsection (d) of this section, the statewide daily bag and length limits shall be as follows.
(A) – (N) (No change.)
(O) Seatrout, spotted.
(i) Daily bag limit: 3[5].
(ii) Minimum length limit: 15 inches.
(iii) Maximum length limit: 20[25] inches.
(iv) Only one spotted seatrout greater than 25 inches may be retained per day. A spotted seatrout retained under this subclause counts as part of the daily bag and possession limit.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency’s authority to adopt.
Issued in Austin, Texas, on
The repeal is proposed under the authority of Parks and Wildlife Code, Chapter 61, which requires the commission to regulate the periods of time when it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; the means, methods, and places in which it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; the species, quantity, age or size, and, to the extent possible, the sex of the game animals, game birds, or aquatic animal life authorized to be hunted, taken, or possessed; and the region, county, area, body of water, or portion of a county where game animals, game birds, or aquatic animal life may be hunted, taken, or possessed.
The proposed repeal affects Parks and Wildlife Code, Chapter 61.
§57.983. Spotted Seatrout – Special Bag, Possession, and Length Limits.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency’s authority to adopt.
Issued in Austin, Texas, on