November 1-2, 2023, Commission Meeting Agenda

Work Session

Commission Agenda Items

August 23-24, 2023, Transcripts

 

Work Session

Wednesday, November 1, 2023
9:00 a.m.

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

Jeffery D. Hildebrand, Commission Chair
David Yoskowitz, Ph.D., Executive Director

Approval of the Previous Minutes from the Commission Work Session held August 23, 2023

Approval of the Previous Minutes from the Commission Annual Public Hearing held August 23, 2023

    Land and Water Plan

  1. Update on the Texas Parks and Wildlife Department’s Progress in Implementing the Texas Parks and Wildlife Department Land and Water Resources Conservation and Recreation Plan – David Yoskowitz, Ph.D.
    • Internal Affairs Update
    • Staff Recognition 
    • Fiscal Year 2023 Stocking Report
    • Texas Game Warden Leadership Program

    2. Financial

  2. Fiscal Year (FY) 2022, FY 2023 and FY 2024 Internal Audit Update – Brandy Meeks

    3. Natural Resources

  3. BRIEFING – Chronic Wasting Disease Research – John Silovsky
  4. Chronic Wasting Disease Detection and Response Rules Additional Provisions – Recommended Adoption of Proposed Changes – Alan Cain (Action Item No. 5)
  5. Chronic Wasting Disease Detection and Response Rules - Surveillance Zones - Request Permission to Publish Proposed Changes in Texas Register – Alan Cain
  6. 2024-2025 Statewide Recreational and Commercial Fishing Proclamation Preview – Dakus Geeslin
  7. 2024-2025 Statewide Hunting and Migratory Game Bird Proclamation Preview – Shaun Oldenburger, Alan Cain
  8. Land and Water Resources Conservation and Recreation Plan – Recommended Approval of Proposed Changes – Tim Birdsong (Action Item No. 3)
  9. Statewide Oyster Fishery Proclamation – Temporary Closure of Oyster Restoration Areas in Galveston Bay – Recommended Adoption of Proposed Change – Emma Clarkson (Action Item No. 4)
  10. Oyster Advisory Committee – Request Permission to Publish Proposed Rules in the Texas Register – Dr. Tiffany Hopper
  11. BRIEFING – Diversity and Inclusion Goals – David Buggs

    12. Land Conservation

  12. Acquisition of Land – Brown County – Approximately 869 Acres at Lake Brownwood State Park – Trey Vick (Work Session and Executive Session) (Action Item No. 6)
  13. Acquisition of Land – Houston County – Approximately 12 Acres at Mission Tejas State Park – Trey Vick (Work Session and Executive Session) (Action Item No. 7)
  14. Acquisition of Land – Coryell County – Approximately 95 Acres at Mother Neff State Park – Trey Vick (Work Session and Executive Session) (Action Item No. 8) WITHDRAWN
  15. Acquisition of Land – Matagorda County – Approximately 1300 Acres Adjacent to the Mad Island Wildlife Management Area – Stan David (Work Session and Executive Session) (Action Item No. 9)

    16. Executive Session

  16. Litigation Update – James Murphy (Executive Session Only)
  17. Personnel Matters –
    • Discuss Executive Director Compensation as Authorized by H.B. 1 From the 88th Texas Legislature – Patty David (Executive Session and Action Item No. 2)
    • Performance Evaluation of the Texas Parks and Wildlife Department Executive Director – Chairman Jeffery D. Hildebrand (Executive Session Only)

Work Session Item No. 1
Presenter: David Yoskowitz, Ph.D.

Work Session
Update on the Texas Parks and Wildlife Department’s Progress
in Implementing the Texas Parks and Wildlife Department Land and
Water Resources Conservation and Recreation Plan
November 1, 2023

I.      Executive Summary: Executive Director David Yoskowitz, Ph.D. will briefly update the Texas Parks and Wildlife Commission (Commission) on the status of Texas Parks and Wildlife Department’s (TPWD) efforts to implement the Land and Water Resources Conservation and Recreation Plan (plan).

II.     Discussion: In 2001, the 77th Texas Legislature directed that TPWD develop a Land and Water Resources Conservation and Recreation Plan (Texas Parks and Wildlife Code section 11.104). In 2002, the Commission adopted the first plan. A revised plan was adopted by the Commission in January 2005. In November 2009, the Commission approved a new plan, effective January 1, 2010, that included broad input from stakeholders and the general public. Minor revisions continue to be made to the plan. The 2015 version of the plan is available on the TPWD website. Every five years, TPWD is statutorily required to evaluate its progress toward achieving the plan’s goal and objectives. Dr. Yoskowitz will update the Commission on TPWD’s recent progress in achieving the plan’s goals, objectives, and deliverables.

The plan consists of the following four goals:

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

Work Session Item No. 2
Presenter: Brandy Meeks

Work Session
Fiscal Year (FY) 2022, FY 2023 and FY 2024 Internal Audit Update
November 1, 2023

I.      Executive Summary: Staff will update the Texas Parks and Wildlife Commission (Commission) on Internal Audit activities and projects that have taken place since the last Commission Meeting.

II.     Discussion: Staff will present an update on the Texas Parks and Wildlife Department Fiscal Year (FY) 2022, FY 2023 and FY 2024 Internal Audit Plans. Staff will also provide an update on external audits and assessments.

Work Session Item No. 3
Presenter: John Silovsky

Work Session
Briefing
Chronic Wasting Disease Research
November 1, 2023

I.      Executive Summary: Staff will brief the Texas Parks and Wildlife Commission (Commission) on the basic science, current research, and management strategies regarding chronic wasting disease (CWD) in both captive and free-ranging deer. Subject matter experts from universities in Texas and across the country will present information to the Commission on topics to include:

This briefing item and subsequent discussions are intended to enhance the understanding of the science guiding CWD management, explain the complex differences between and challenges of available management strategies, and inform on the importance of remaining vigilant and aggressive in TPWD’s efforts to detect and contain CWD, while providing for the sound biological management of the wildlife resources of the state.

II.    Discussion: CWD is a fatal neurodegenerative disorder that affects some cervid species, including white-tailed deer, mule deer, elk, red deer, sika, and their hybrids (susceptible species). It is classified as a transmissible spongiform encephalopathy (TSE), a family of diseases that includes scrapie (found in sheep), bovine spongiform encephalopathy (BSE, found in cattle and commonly known as “Mad Cow Disease”), and variant Creutzfeldt-Jakob Disease (vCJD) in humans.

In 2023, there has been an unprecedented increase in CWD detections in deer breeding facilities, on release sites associated with deer breeding facilities, and in an urban community. In response to the increased detections of CWD, the Commission has adopted more robust rules to increase the efficacy of TPWD’s CWD surveillance and response efforts.

Much remains unknown about CWD, although vigorous efforts to increase knowledge are underway in many states and countries. The peculiarities of its transmission (how it is passed from animal to animal), infection rate (the frequency of occurrence through time or other comparative standard), incubation period (the time from exposure to clinical manifestation), and potential for transmission to other species are still being investigated. Currently, there is scientific evidence to suggest that CWD has zoonotic potential; however, no confirmed cases of CWD have been found in humans. Consequently, both the Centers for Disease Control and Prevention and the World Health Organization strongly recommend testing animals taken in areas where CWD exists, and if a test is positive, recommend not consuming the meat. What is known is that CWD is invariably fatal to certain species of cervids, and it is transmitted both directly (through animal-to-animal contact) and indirectly (through environmental contamination). If CWD is not contained and controlled, the implications of the disease for Texas and its multi-billion dollar ranching, hunting, wildlife management, and real estate economies could be significant.

TPWD’s response to the emergence of CWD in captive and free-ranging populations is guided by the TPWD CWD Management Plan (Plan). Developed in 2012 in consultation with the Texas Animal Health Commission (TAHC), other governmental entities, conservation organizations, and various advisory groups consisting of landowners, hunters, deer managers, veterinarians, and epidemiologists, the Plan sets forth the department’s CWD management strategies and informs regulatory responses to the detection of the disease in captive and free-ranging cervid populations in the state of Texas. The Plan is intended to be dynamic in order to accommodate the growing understanding of the etiology, pathology, and epidemiology of the disease and the potential management pathways that emerge as it becomes better understood through time. The Plan proceeds from the premise that disease surveillance and active management of CWD, once it is detected, are absolutely critical to containing it.

Work Session Item No. 5
Presenter: Alan Cain

Work Session
Chronic Wasting Disease Detection and Response Rules
Surveillance Zones
Request Permission to Publish Proposed Changes in Texas Register
November 1, 2023

I.      Executive Summary: Staff seeks permission to publish a proposed amendment to rules governing chronic wasting disease (CWD) detection, response, and management in the Texas Register for public comment. The proposed amendment would create a new CWD surveillance zone (SZ) in Kimble County in response to the detection of CWD in a deer breeding facility. The proposed amendment would replace an emergency rule adoption, effective September 29, 2023, that established a SZ until rules could be promulgated under the traditional rulemaking process.

II.     Discussion: In response to the continued detection of CWD in deer breeding facilities and on release sites associated with CWD-positive deer breeding facilities, the Texas Parks and Wildlife Commission (Commission) adopted more robust rules in 2021 to increase the efficacy of the Texas Parks and Wildlife Department’s (TPWD) CWD surveillance and response efforts. Those rules have been in effect for over a year, which is sufficient time for their efficacy to begin to be known. In 2023, there has been an unprecedented increase in CWD detections in deer breeding facilities and on release sites associated with deer breeding facilities, which is directly attributable to the regulatory actions taken by the Commission in 2021.

On September 7, 2023, the department received confirmation of the presence of CWD within a deer breeding facility in Kimble County. Previously, CWD-positive animals were detected at another Kimble County breeding facility in 2020, and subsequently at its adjacent release site in 2022. Accordingly, and consistent with longstanding Commission policy, TPWD promulgated an emergency rule (effective September 29, 2023, published in the October 13, 2023, issue of the Texas Register, citation unavailable at the time of the preparation of this item) to implement additional temporary measures to increase and aid surveillance efforts while rules could be developed for eventual Commission deliberation and adoption through the normal rulemaking process. The proposed amendment, located at Exhibit A, creates a new SZ in Kimble County and consists of the provisions currently in effect as a result of the emergency adoption filed on September 29, 2023.

Attachment – 1

  1. Exhibit A – Disease and Detection Response Rules

Work Session Item No. 5
Exhibit A

DISEASE DETECTION AND RESPONSE RULES

PROPOSAL PREAMBLE

1. Introduction.

        The Texas Parks and Wildlife Department proposes an amendment to 31 TAC §65.82, concerning Surveillance Zones; Restrictions.

        The proposed amendment would establish a chronic wasting disease (CWD) surveillance zone (SZ) in Kimble County in response to the detection of CWD in a deer breeding facility (index facility) in that county and would function to enhance the department’s surveillance efforts. The proposed amendment, if adopted, would replace an emergency rule adoption that took effect September 29, 2023 (citation unavailable). The proposed SZ would consist of all properties wholly or partially within a two-mile radius around the index facility.

        Chronic wasting disease (CWD) is a fatal neurodegenerative disorder that affects some cervid species, including white-tailed deer, mule deer, elk, red deer, sika, and their hybrids (referred to collectively as susceptible species). It is classified as a TSE (transmissible spongiform encephalopathy), a family of diseases that includes scrapie (found in sheep), bovine spongiform encephalopathy (BSE, found in cattle and commonly known as “Mad Cow Disease”), and variant Creutzfeldt-Jakob Disease (vCJD) in humans.

        Much remains unknown about CWD, although robust efforts to increase knowledge are underway in many states and countries. The peculiarities of its transmission (how it is passed from animal to animal), infection rate (the frequency of occurrence through time or other comparative standard), incubation period (the time from exposure to clinical manifestation), and potential for transmission to other species are still being investigated. There is currently no scientific evidence to suggest that CWD has zoonotic potential, and no confirmed cases of CWD have been found in humans.  Regardless, both the CDC and the World Health Organization strongly recommend testing animals taken in areas where CWD exists, and if positive, recommend not consuming the meat as a precautionary measure. What is known is that CWD is invariably fatal to certain species of cervids and is transmitted both directly (through animal-to-animal contact) and indirectly (through environmental contamination). If CWD is not contained and controlled, the implications of the disease for Texas and its multi-billion-dollar ranching, hunting, wildlife management, and real estate economies could be significant.

        The department has engaged in several rulemakings over the years to address the threat posed by CWD, including rules to designate a system of zones in areas where CWD has been confirmed. The purpose of those CWD zones is to determine the geographic extent and prevalence of the disease while containing it by limiting the unnatural movement of live CWD-susceptible species as well as the movement of carcass parts.

        The department’s response to the emergence of CWD in captive and free-ranging populations is guided by the department’s CWD Management Plan (Plan) https://tpwd.texas.gov/huntwild/wild/diseases/cwd/plan.phtml. Developed in 2012 in consultation with the Texas Animal Health Commission (TAHC), other governmental entities and conservation organizations, and various advisory groups consisting of landowners, hunters, deer managers, veterinarians, and epidemiologists, the Plan sets forth the department’s CWD management strategies and informs regulatory responses to the detection of the disease in captive and free-ranging cervid populations in the state of Texas. The Plan is intended to be dynamic; in fact, it must be so in order to accommodate the growing understanding of the etiology, pathology, and epidemiology of the disease and the potential management pathways that emerge as it becomes better understood through time. The Plan proceeds from the premise that disease surveillance and active management of CWD once it is detected are absolutely critical to containing it on the landscape. Accordingly, the first step in the department’s response to CWD detections is the timely establishment of management zones around locations where detection occurs. One type of management zone is the SZ, defined by rule as “a department-defined geographic area in this state within which the department has determined, using the best available science and data, that the presence of CWD could reasonably be expected.” Within a SZ, the movement of live deer is subject to restrictions and the presentation of harvested deer at a department check station is required. In addition, deer carcass movement restrictions set forth in §65.88 of Subchapter B, Division 1 apply.

        The Texas Parks and Wildlife Commission recently directed staff to develop guidelines or a standard operating procedure (SOP) with respect to the establishment and duration of the various management zones (in addition to SZs, the department can establish containment zones (CZs) that also impose special provisions regarding the movement of live and dead susceptible species). At the January 2023 meeting of the commission, staff presented the SOP for establishing SZs in scenarios where CWD has been detected in a deer breeding facility but not at any release site associated with a breeding facility. In such cases, the department will not establish a SZ if the following can be verified: 1) the disease was detected early (i.e., it has not been in the facility long); 2) the transmission mechanism and pathway are known; 3) the facility was promptly depopulated following detection; and 4) there is no evidence that free-ranging deer populations have been compromised. If any of these criteria is not satisfied, an SZ will be established, to consist of all properties that are wholly or partially located within two miles of the property containing the positive deer breeding facility. The index facility in question does not satisfy all four criteria; thus, the department proposes the new surveillance zone.

        On September 7, 2023, the department received confirmation that a six-year-old female deer in a deer breeding facility located in Kimble County had been confirmed positive for CWD. Historically, when CWD has been detected in a deer breeding facility but not on any associated release sites, the department has considered the property on which the breeding facility is located to be a de facto CZ because it is surrounded by a fence capable of retaining deer at all times and is immediately subject to a quarantine and a herd plan administered by TAHC. In such cases, the department has designated only a SZ around the index facility. The proposed amendment to §65.82, concerning Surveillance Zones; Restrictions, would therefore establish a new surveillance zone (SZ 23) in Kimble County. The department notes that the SZ will be removed when the department is satisfied that CWD has been contained and the risk of further spread is minimal.

2. Fiscal Note.

        Robert Macdonald, Regulations Coordinator, has determined that for each of the first five years that the rule as proposed is in effect, there will be no fiscal implications to state and local governments as a result of enforcing or administering the rule as proposed, as department personnel currently allocated to the administration and enforcement of disease management activities will administer and enforce the rules as part of their current job duties and resources.

3. Public Benefit/Cost Note.

        Mr. Macdonald also has determined that for each of the first five years the amendment as proposed is in effect:

        (A) The public benefit anticipated as a result of enforcing or administering the rule as proposed will be a reduction of the probability of CWD being spread from locations where it might exist and an increase in the probability of detecting CWD if it does exist, thus ensuring the public of continued enjoyment of the resource and also ensuring the continued beneficial economic impacts of hunting in Texas.

        (B) There could be adverse economic impact on persons required to comply with the rules as proposed. Such impacts would be identical to those described in the analysis of the rules’ potential effect on small businesses, microbusinesses, and rural communities elsewhere in this preamble.

       (C) 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, and rural communities. As required by Government Code, §2006.002(g), in April 2008, the Office of the Attorney General issued guidelines to assist state agencies in determining a proposed rule’s potential adverse economic impact on small businesses. These guidelines state that “[g]enerally, there is no need to examine the indirect effects of a proposed rule on entities outside of an agency’s regulatory jurisdiction.” The 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. The guidelines also list examples of the types of costs that may result in a “direct economic impact.” Such costs may include costs associated with additional recordkeeping or reporting requirements; new taxes or fees; lost sales or profits; changes in market competition; or the need to purchase or modify equipment or services.

       For the purposes of this analysis, the department considers all deer breeders to be small or microbusinesses, which ensures that the analysis captures all deer breeders possibly affected by the proposed rulemaking. The department has determined that there are a total of XXX deer breeding facilities (other than breeding facilities where CWD has been detected within the proposed SZ. Under current rule, a deer breeding facility that is within a SZ and MQ (Movement Qualified, which is the authorization to transfer deer) may transfer to or receive breeder deer from any other MQ deer breeding facility in this state and deer from a deer breeding facility located outside a SZ may be released within a SZ if authorized by Division 2 of this subchapter. The index facility is the only deer breeding facility affected by the designation of SZ 23 and is currently designated NMQ and is therefore prohibited from transferring deer under current rule and not as a result of the proposed rule.

        The department has determined that the proposed rule will not affect rural communities because the rule does not directly regulate any rural community.

        (D) The department has not drafted a local employment impact statement under the Administrative Procedure Act, §2001.022, as the agency has determined that the rule as proposed will not result in direct impacts to local economies.

        (E) The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rule.

        (F) 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 new rule. Any impacts resulting from the discovery of CWD in or near private real property would be the result of the discovery of CWD and not the proposed rule.

        (G) 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;

                 (6) expand an existing regulation (by creating new areas subject to the rules governing SZs), but will otherwise not limit or repeal an existing regulation;

                 (7) neither increase nor decrease the number of individuals subject to regulation; and

                 (8) not positively or adversely affect the state’s economy.

4. Request for Public Comment.

        Comments on the proposed rule may be submitted to Dr. Hunter Reed, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas, 78744; (830) 792-9677 (email:jhunter.reed@tpwd.texas.gov); or via the department’s website at https://tpwd.texas.gov/.

5. Statutory Authority.

        The amendment is proposed under the authority of Parks and Wildlife Code, Chapter 43, Subchapter C, which requires the commission to adopt rules to govern the collecting, holding, possession, propagation, release, display, or transport of protected wildlife for scientific research, educational display, zoological collection, or rehabilitation; Subchapter E, which requires the commission to adopt rules for the trapping, transporting, and transplanting of game animals and game birds, urban white-tailed deer removal, and trapping and transporting surplus white-tailed deer; Subchapter L, which authorizes the commission to make regulations governing the possession, transfer, purchase, sale, of breeder deer held under the authority of the subchapter; Subchapters R and R-1, which authorize the commission to establish the conditions of a deer management permit for white-tailed and mule deer, respectively; and §61.021, which provides that no person may possess a game animal at any time or in any place except as permitted under a proclamation of the commission.

        The proposed amendment affects Parks and Wildlife Code, Chapter 43, Subchapters C, E, L, R, R-1, and Chapter 61.

6. Rule Text.

        §65.82. Surveillance Zones; Restrictions. The areas described in paragraph (1) of this section are SZs and the provisions of this subchapter applicable to SZs apply on all properties lying wholly or partially within the described areas..

                 (1) Surveillance Zones.

                         (A) – (V) (No change.)

                         (W) Surveillance Zone 23. Surveillance Zone 23 is that portion of Kimble County lying within the area described by the following latitude/longitude pairs:

-99.95180989610, 30.29840729940; -99.95400264050, 30.29847039980; -99.95618594120, 30.29865777320; -99.95835045740, 30.29896861810; -99.96048692840, 30.29940160460;

-99.96258621300, 30.29995488020; -99.96463932900, 30.30062607780; -99.96663749090, 30.30141232570; -99.96857214790, 30.30231025990; -99.96983623480, 30.30299275490;

-99.97667133030, 30.30295620500; -99.97688605840, 30.30295564740; -99.97907892310, 30.30301831650; -99.98126237610, 30.30320526070; -99.98342707600, 30.30351568000;

-99.98556376120, 30.30394824650; -99.98766328980, 30.30450110940; -99.98971667820, 30.30517190350; -99.99171514010, 30.30595775880; -99.99365012330, 30.30685531280;

-99.99551334660, 30.30786072530; -99.99729683530, 30.30896969430; -99.99899295480, 30.31017747450; -100.00059444400, 30.31147889770; -100.00209444500, 30.31286839470;

-100.00348653500, 30.31434001930; -100.00476475000, 30.31588747340; -100.00592361500, 30.31750413400; -100.00695816300, 30.31918308170; -100.00769098700, 30.32056160810;

-100.00769527900, 30.32057026800; -100.00770515700, 30.32057419350; -100.00856976700, 30.32093081050; -100.01050520900, 30.32182811030; -100.01236890000, 30.32283327810;

-100.01415286200, 30.32394201310; -100.01584945800, 30.32514957110; -100.01745142500, 30.32645078470; -100.01895190500, 30.32784008580; -100.02034447000, 30.32931152870;

-100.02162315700, 30.33085881630; -100.02278248600, 30.33247532630; -100.02381749000, 30.33415413990; -100.02472373300, 30.33588807140; -100.02549732700, 30.33766969860;

-100.02613495300, 30.33949139480; -100.02663387500, 30.34134536110; -100.02699194800, 30.34322366040; -100.02720763000, 30.34511825060; -100.02727999000, 30.34702101960;

-100.02727926500, 30.34721962490; -100.02698483300, 30.38601250460; -100.02691424400, 30.38771670550; -100.02669952700, 30.38961139470; -100.02634231800, 30.39148985220;

-100.02584414100, 30.39334403290; -100.02520711900, 30.39516599520; -100.02443397500, 30.39694793520; -100.02352801200, 30.39868221990; -100.02249310400, 30.40036141990;

-100.02133367800, 30.40197834160; -100.02005469500, 30.40352605770; -100.01866162900, 30.40499793720; -100.01716044400, 30.40638767350; -100.01555756700, 30.40768931190;

-100.01385986300, 30.40889727480; -100.01207460400, 30.41000638590; -100.01020943600, 30.41101189220; -100.00827235100, 30.41190948470; -100.00627164800, 30.41269531670;

-100.00421590000, 30.41336602020; -100.00211391700, 30.41391872080; -99.99997470590, 30.41435104960; -99.99780743600, 30.41466115370; -99.99562139560, 30.41484770400;

-99.99361689280, 30.41490944000; -99.97742474450, 30.41498743090; -99.97723380540, 30.41498786760; -99.97503838120, 30.41492516610; -99.97285239610, 30.41473811330;

-99.97068521950, 30.41442751100; -99.96854613950, 30.41399469050; -99.96644432370, 30.41344150670; -99.96438877950, 30.41277033070; -99.96308679540, 30.41225858470;

-99.96228171700, 30.41300309490; -99.96067798500, 30.41430404470; -99.95897947280, 30.41551127810; -99.95719345560, 30.41661962200; -99.95532758390, 30.41762432680;

-99.95338985160, 30.41852108680; -99.95138856110, 30.41930605880; -99.94933228770, 30.41997587860; -99.94722984340, 30.42052767570; -99.94509023800, 30.42095908480;

-99.94292264150, 30.42126825720; -99.94090675620, 30.42144388970; -99.94082250490, 30.42144900940; -99.94073928050, 30.42146147460; -99.93938623510, 30.42163958850;

-99.93719992220, 30.42182513830; -99.93500428320, 30.42188633040; -99.93280872870, 30.42182290250; -99.93062266900, 30.42163512640; -99.92919163490, 30.42144375280;

-99.92652986450, 30.42103663020; -99.92579370950, 30.42091666910; -99.92365468750, 30.42048309600; -99.92155298870, 30.41992917280; -99.91949761980, 30.41925727360;

-99.91749738870, 30.41847027780; -99.91577099140, 30.41767601060; -99.91519239890, 30.41739079340; -99.91376655450, 30.41692839640; -99.91052579650, 30.41578007140;

-99.91035853370, 30.41572034430; -99.90835845140, 30.41493320560; -99.90642208610, 30.41403434790; -99.90455773440, 30.41302762340; -99.90439344490, 30.41293169160;

-99.90438605130, 30.41292734680; -99.90437742250, 30.41292934970; -99.90435324390, 30.41293495390; -99.90221361520, 30.41336564410; -99.90004605230, 30.41367408820;

-99.89785984510, 30.41385896410; -99.89566436350, 30.41391947950; -99.89346901770, 30.41385537500; -99.89128321680, 30.41366692540; -99.88911632920, 30.41335493830;

-99.88697764190, 30.41292075100; -99.88529868820, 30.41248821170; -99.88024744690, 30.41106139700; -99.88024744570, 30.41106139670; -99.87742282390, 30.41026342540;

-99.87700047750, 30.41014141230; -99.87494563070, 30.40946879630; -99.87294596970, 30.40868110310; -99.87101006270, 30.40778170870; -99.86914620450, 30.40677446750;

-99.86736238000, 30.40566369600; -99.86566623060, 30.40445415430; -99.86406502120, 30.40315102540; -99.86256560900, 30.40175989320; -99.86117441390, 30.40028671860;

-99.85989739170, 30.39873781360; -99.85874000800, 30.39711981430; -99.85770721510, 30.39543965270; -99.85746146880, 30.39499685260; -99.85659378740, 30.39339897490;

-99.85593577200, 30.39210664450; -99.85516488980, 30.39032398150; -99.85453017350, 30.38850142390; -99.85429040200, 30.38764797600; -99.85405994970, 30.38727300580;

-99.85337346210, 30.38598353140; -99.85281357470, 30.38486057590; -99.85259642610, 30.38441489860; -99.85182566770, 30.38263221670; -99.85119106570, 30.38080964370;

-99.85069533050, 30.37895498630; -99.85034057710, 30.37707618790; -99.85012831660, 30.37518129510; -99.85005944960, 30.37327842280; -99.85013426230, 30.37137571970;

-99.85035242600, 30.36948133310; -99.85071299810, 30.36760337440; -99.85121442640, 30.36574988410; -99.85176446020, 30.36416114500; -99.85459723080, 30.35675198120;

-99.85468731280, 30.35651963180; -99.85546328330, 30.35473872900; -99.85637186830, 30.35300564650; -99.85740917180, 30.35132780280; -99.85857074690, 30.34971237970;

-99.85985161610, 30.34816629120; -99.86047057360, 30.34748954550; -99.86049982450, 30.34745852080; -99.86052178950, 30.34742326130; -99.86100495000, 30.34667428600;

-99.86216640830, 30.34505883080; -99.86344715740, 30.34351270700; -99.86373981000, 30.34318754740; -99.86408949780, 30.34280464130; -99.86519138940, 30.34165962250;

-99.86535734670, 30.34149711410; -99.86574783710, 30.34111759830; -99.86708424150, 30.33989216350; -99.86837905370, 30.33882977010; -99.86854522780, 30.33870050260;

-99.86857268570, 30.33867483580; -99.86856615910, 30.33840357450; -99.86854991850, 30.33733178010; -99.86854704550, 30.33691486320; -99.86862146340, 30.33501215620;

-99.86883917940, 30.33311774490; -99.86889510360, 30.33276880930; -99.86917243380, 30.33111199960; -99.86947657360, 30.32958293080; -99.86997744090, 30.32772937400;

-99.87061696100, 30.32590820030; -99.87139238830, 30.32412720630; -99.87230039590, 30.32239401590; -99.87333709000, 30.32071604810; -99.87449802660, 30.31910048510;

-99.87553862390, 30.31784364590; -99.87612434800, 30.31649807390; -99.87703219800, 30.31476485130; -99.87806872700, 30.31308684650; -99.87922949170, 30.31147124180;

-99.88050951780, 30.30992495220; -99.88190332120, 30.30845459570; -99.88340493190, 30.30706646470; -99.88500791910, 30.30576649980; -99.88670541930, 30.30456026400;

-99.88849016520, 30.30345291870; -99.89035451680, 30.30244920230; -99.89229049470, 30.30155340960; -99.89428981340, 30.30076937330; -99.89634391710, 30.30010044800;

-99.89844401630, 30.29954949570; -99.90058112510, 30.29911887350; -99.90274609970, 30.29881042390; -99.90492967750, 30.29862546640; -99.90696497240, 30.29856499870;

-99.95165235240, 30.29840756090; and -99.95180989610, 30.29840729940.

                             (X)[(W)] Existing SZs may be modified and additional SZs may be designated as necessary by the executive director as provided in §65.84 of this title (relating to Powers and Duties of the Executive Director).

                 (2) (No change.)

        This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency’s authority.

        Issued in Austin, Texas, on

Work Session Item No. 6
Presenter: Dakus Geeslin

Work Session
2024-2025 Statewide Recreational and Commercial Fishing Proclamation Preview
November 1, 2023

I.      Executive Summary: Staff will brief the Texas Parks and Wildlife Commission (Commission) on potential changes to recreational fishing regulations for the 2024-2025 season.

II.     Discussion:  Responsibility for establishing seasons, bag limits, and means and methods for taking freshwater and saltwater fisheries resources is delegated to the Commission under Texas Parks and Wildlife Code, Chapters 61 (Uniform Wildlife Regulatory Act), 66 (Fish and Aquatic Plants), 67 (Nongame Species), 76 (Oysters), 77 (Shrimp), and 78 (Mussels, Clams, and Crabs). The potential changes are based upon statutory requirements and Commission policy, including scientific investigation and required findings of fact where applicable. The potential changes are intended to increase recreational opportunity, decrease regulatory complexity where possible, promote enforcement, and provide for the sound biological management of the fisheries resources of the state.

Attachment – 1

  1. Exhibit A – Potential Changes to Fisheries Regulations 2024-2025

Work Session Item No. 6
Exhibit A

Potential Changes to Fisheries Regulations 2024-2025

Coastal Fisheries 

Background: The Texas Parks and Wildlife Commission (Commission) enacted emergency rules after the 2021 freeze event to temporarily change bag and size limits for spotted seatrout in the Upper and Lower Laguna Madre Bay systems, effective April 1, 2021. These emergency harvest restrictions were extended 60 days, for a total period of 180 days. In early 2022, after reduced catch rates of spotted seatrout were observed in other bay systems, the Commission approved additional harvest restrictions for Matagorda Bay, San Antonio Bay, Aransas Bay, and Corpus Christi Bay, and continued the more restrictive bag and size limit in the Upper and Lower Laguna Madre Bay systems. This rule reduced the bag and size limit of spotted seatrout in all waters south of Farm to Market Road (FM) 457 on the Texas coast from 5 to 3 fish and narrowed the length limit from 17 to 23 inches. After significant public input, these regulation changes were approved and a sunset date of August 31, 2023, was included with the regulation. The temporary reduced harvest restrictions were designed to accelerate spotted seatrout recovery, as evidenced by catch rates monitored by Coastal Fisheries’ sampling from gill nets and bag seines.

After the August 31, 2023, expiration of the temporary regulations, the coastwide bag and size limit reverted back to the allowance of 5 fish per day, per angler between 15 inches and 25 inches, with one fish over 25 inches. Since that time, Texas Parks and Wildlife Department has received concerns from the angling public related to the statewide spotted seatrout bag and length limits. Based on the best available science, public scoping input, angler surveys, and advice from the Coastal Resources Advisory Committee, staff will present a suite of management options to the Commission for consideration.

Work Session Item No. 7
Presenter: Shaun Oldenburger, Alan Cain

Work Session
2024-2025 Statewide Hunting and Migratory Game Bird Proclamation Preview
November 1, 2023

I.      Executive Summary: Staff will brief the Texas Parks and Wildlife Commission (Commission) on potential changes to hunting regulations for the 2024-25 season.

II.     Discussion:  Responsibility for establishing seasons, bag limits, and means and methods for taking game animals and game birds is delegated to the Commission under Parks and Wildlife Code, Chapter 61 (Uniform Wildlife Regulatory Act). The potential changes are based upon statutory requirements and Commission policy, including scientific investigation and required findings of fact where applicable. The potential 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.

Attachment – 1

  1. Exhibit A – Potential Changes to Hunting Regulations 2024-2025

Work Session Item No. 7
Exhibit A

Potential Changes to Hunting Regulations 2024-2025

Game Bird Regulations

Big Game Regulations

Big Game, Game Bird, and Squirrel Regulations

Work Session Item No. 10
Presenter: Dr. Tiffany Hopper

Work Session
Oyster Advisory Committee
Request Permission to Publish Proposed Rules in the Texas Register
November 1, 2023

I.       Executive Summary: Staff seeks permission to publish a proposed new rule to create the Oyster Advisory Committee (OAC) in the Texas Register for public comment.
 
II.      Discussion: Under Texas Parks and Wildlife Code, Chapter 76, the Texas Legislature has designated Texas Parks and Wildlife Department (TPWD) as the primary regulatory agency for public oyster beds and certificates of location (oyster leases), including the taking, possession, purchase, and sale of oysters. Texas Parks and Wildlife Code section 11.0162 authorizes the Chairman (Chairman) of the Texas Parks and Wildlife Commission (Commission) to appoint committees to advise the Commission on issues under its jurisdiction. Under this authority, the Commission has established several advisory committees to provide TPWD with informed opinions regarding various aspects and dimensions of TPWD’s mission. These advisory committees perform a valuable service for TPWD and the people of Texas.

Texas Government Code, Chapter 2110 requires state agencies to adopt rules regarding each advisory committee. Unless otherwise provided by specific statute, the rules must state the purpose of the committee and describe the way the committee will report to the agency. The rules may also establish the date on which the committee will automatically be abolished, unless the advisory committee has a specific duration established by statute.

The Chairman has determined that it would be beneficial to form an advisory group composed of various members of the public interested in oyster-related matters to assist TPWD in ensuring that regulation of oysters in Texas continues to reflect TPWD’s strong commitment to the long-term health of oyster resources and the additional habitat and ecosystem services they provide. The proposed new rule would create the OAC and provide the statutorily required elements for its existence.

Attachment – 1

  1. Exhibit A – Advisory Committee Rules – Oyster Advisory Committee

Work Session Item No. 10
Exhibit A

ADVISORY COMMITTEE RULES

OYSTER ADVISORY COMMITTEE

PROPOSAL PREAMBLE

1. Introduction

        The Texas Parks and Wildlife Department proposes new 31 TAC §51.673, concerning the Oyster Advisory Committee (OAC).

        Parks and Wildlife Code, §11.0162, authorizes the Chairman of the Texas Parks and Wildlife Commission (the Commission) to "appoint committees to advise the commission on issues under its jurisdiction." Under Parks and Wildlife Code, Chapter 76, the legislature has designated TPWD as the primary regulatory agency for public oyster beds and certificates of location (oyster leases), including the taking, possession, purchase, and sale of oysters. Government Code, Chapter 2110, requires that rules be adopted regarding each state agency advisory committee. Unless otherwise provided by specific statute, the rules must (1) state the purpose of the committee; (2) describe the manner in which the committee will report to the agency; and (3) establish the date on which the committee will automatically be abolished, unless the advisory committee has a specific duration established by statute. Under this authority, the Commission has established a number of advisory committees to provide the department with informed opinion regarding various aspects and dimensions of the department’s mission. These advisory committees perform a valuable service for the department and the people of Texas.

        The department is the primary state agency responsible for public and private oyster beds, including the taking, possession, purchase, and sale of oysters. Staff have determined that the creation of an advisory board for matters oysters would be helpful in assisting the department and the commission in determining and executing appropriate strategies to maximize the long-term health of oyster resources and the additional habitat and ecosystem services they provide.

2. Fiscal Note.

        Dr. Tiffany Hopper, Science and Policy Branch Chief, Coastal Fisheries Division, has determined that for each of the first five years that the rule as proposed is in effect, there will be no fiscal implications to state or local government as a result of administering the rule. There will be no impact on persons required to comply with the rule as proposed.

3. Public Benefit/Cost Note.

        Dr. Hopper 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 enhancement of department and commission decision-making with respect to regulation of oysters.

                 (B) Under 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 and micro-businesses. 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 any direct economic costs to any small businesses, micro-businesses, or rural communities; therefore, the department has a determined that 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 rules 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 a fee;

                         (5) create a new regulation;

                         (6) not expand an existing regulation;

                         (7) neither increase nor decrease the number of individuals subject to regulation; and

                         (8) not positively or adversely affect the state’s economy.

4. Request for Public Comment.

        Comments on the proposed rule may be submitted to Michaela Cowan, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-8575; email: cfish@tpwd.texas.gov or via the department website at www.tpwd.texas.gov.

5. Statutory Authority.

        The amendment is proposed under Government Code, Chapter 2110, which requires the adoption of rules regarding state agency advisory committee.

        The proposed amendment affects Government Code, Chapter 2110.

6. Rule Text.

        §51.673. Oyster Advisory Committee (OAC).

                 (a) The OAC is created to advise the department on all matters pertaining to oysters in Texas.

                 (b) The OAC shall be composed of up to 24 members of the public.

                 (c) The OAC shall comply with the requirements of §51.601 of this title (relating to General Requirements).

                 (d) The OAC shall expire on July 1, 2026.

        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

Work Session Item No. 11
Presenter: David Buggs

Work Session
BRIEFING
Diversity and Inclusion Goals
November 1, 2023

I.      Executive Summary: Staff will brief the Texas Parks and Wildlife Commission (Commission) on recent actions that Texas Parks and Wildlife Department (TPWD) has taken to increase diversity and inclusion internally and how TPWD continually strives to engage Texas’s vastly diverse population in the activities that are important to TPWD’s mission.

II.     Discussion: Management and conservation of the state’s natural and cultural resources and provision of recreational opportunities are key to enriching Texas’s people, environment, and economy. Texas’s population has become much larger, more urban, and more diverse over the last 30 years. To sustain its conservation efforts and effectively serve the public, TPWD must fully engage with and stay relevant to all of the citizens of Texas. Taking actions to promote diversity, equity, and inclusion is increasingly important to the sustainability of the agency, its constituents, and the state’s economy.

TPWD must be strategic in its efforts and collect information on how its actions positively affect its employees and customers. Each division within TPWD has developed goals, actions, and measures to target underrepresented talent and/or customers for the purpose of increasing the agency’s value to all Texans and gaining inter-generational support for its mission. The Commission previously established the Urban Outreach Advisory Committee, which provides insight into TPWD’s recreational and environmental engagement of urban communities across the state. This advisory committee’s feedback will assist TPWD in designing programs, processes, and practical activities that better serve all Texans and create a more welcoming outdoor recreation environment, while also broadening the tools needed to educate a more diverse public on the value of the state’s natural and cultural resources.

Work Session Item No. 16
Presenter: James Murphy

Work Session
Litigation Update
November 1, 2023

I.      Executive Summary: Attorneys for the Texas Parks and Wildlife Department will update and advise the Texas Parks and Wildlife Commission regarding pending or anticipated litigation.