Part 2.
TEXAS PARKS AND WILDLIFE DEPARTMENT
Chapter 53.
FINANCE
Texas Parks and Wildlife Department (department) proposes amendments
to §§53.2, 53.5, 53.6, 53.12, and 53.13, concerning License Fees
and Boat and Motor Fees, and §53.60 concerning Stamps. The proposed amendments
are part of an overall department initiative to reduce the number of types
of licenses sold by the department. By combining or replacing certain licenses
and license packages and eliminating others that are not popular, the department
will reduce administrative costs and regulatory complexity while still offering
a variety of licenses to meet the various types of recreational demand.
The proposed amendment to §53.2, concerning License Issuance Procedures,
Fees, Possession and Exemption Rules, would add a new paragraph (4) to subsection
(a) to stipulate that persons under the age of 17 are considered to be residents
for the purposes of the chapter. Under Parks and Wildlife Code, §42.001,
the commission is authorized to designate categories of individual as residents.
The proposed amendment to subsection (b)(2) would alter the license possession
requirements to acknowledge that, due to the implementation of the one-day
fishing package (which includes the saltwater stamp), the stamp requirement
is no longer universal.
The proposed amendment to §53.5, concerning Recreational Hunting Licenses,
Stamps, and Tags, would rename the Special Resident Hunting License to the
Senior Resident Hunting License, restrict its use to residents who are 65
years of age or older, and create an additional license that is limited to
persons under the age of 17. Under current rule, the Special Resident Hunting
License is available to residents over the age of 65 and any person under
17 years of age, regardless of residency status. The department wishes to
be able to more accurately track demographic trends in purchasing and use,
which makes it necessary to stratify the two age groups currently eligible
to purchase the special resident license. The price of the licenses would
remain unchanged.
The proposed amendment to §53.6, concerning Recreational Fishing Licenses,
Stamps, and Tags, would allow persons who are legally blind to be eligible
to purchase the Special Resident Fishing License. The proposed amendment also
would create a Senior Resident Fishing License for residents who are 65 years
of age or older; create a Resident One-Day All-Water Fishing License ($10
fee), a Nonresident One-Day All-Water Fishing License ($15 fee), rename the
special license packages as senior license packages, and would implement a
fee of $3 for the Bonus Red Drum Tag.
Under Parks and Wildlife Code, §46.004, the commission may establish
a lower fee or waive the fee or license requirement for a resident who is
blind as defined by Human Resources Code, §94.001. The department has
always allowed legally blind persons to purchase a fishing license at a reduced
cost; however, this has never been explicitly stated by rule. The proposed
amendment would accomplish that. The One-Day All-Water license is intended
to replace a variety of licenses. To that end, the proposed amendment to subsection
(c) would also eliminate the following licenses: July and August Resident
Fishing, Day Resident Fishing, and Day Nonresident Fishing; and the following
license packages: July and August Resident Fishing (freshwater, saltwater,
all water) and both the resident and nonresident "Day Plus" Fishing (freshwater,
saltwater, all water). The implementation of a fee for the bonus red drum
tag is necessary for the department to recoup the administrative cost of providing
anglers with the opportunity to take a red drum in addition to the red drum
allowed under a fishing license. The proposed amendment also would eliminate
obsolete references to effective dates and make additional nonsubstantive
changes to simplify and clarify the regulations.
The proposed amendment to §53.12, concerning Commercial Fishing Licenses
and Tags, would eliminate both the Resident and Nonresident Commercial Fishing
Boat License and create a single license for residents and nonresidents alike,
which would be called the Commercial Fishing Boat License; and the new license
would be required for any boat (resident or nonresident) used in taking aquatic
products (except menhaden, oysters, crabs, and shrimp) from state waters or
unloading aquatic products in Texas taken from outside state waters for commercial
purposes. By combining the two licenses, the department will reduce administrative
costs by issuing one license instead of two. The fee for the license would
be $25, which represents the value the license would have to be sold at in
order for the department to realize revenue equivalent to current revenue
from the sale of resident ($18) and nonresident ($72) licenses. The proposed
amendment also would eliminate obsolete references to effective dates and
make additional nonsubstantive changes to simplify and clarify the regulations.
The proposed amendment to §53.13, concerning Business Licenses and
Permits (Fishing) renames the Resident Freshwater Fishing Guide license as
the Freshwater Fishing Guide license, renames the Resident Fishing Guide license
as the Resident All-Water Fishing Guide license, and renames the Nonresident
Fishing Guide license as the Nonresident All-Water Fishing Guide license.
The proposed amendment is nonsubstantive. The proposed amendment also would
eliminate obsolete references to effective dates and make additional nonsubstantive
changes to simplify and clarify the regulations.
The proposed amendment to §53.60, concerning Stamps, would create
an exemption from the stamp requirements for purchasers of the Special Fishing
License, Resident One-Day All-Water Fishing License, and the Nonresident One-Day
All-Water Fishing License.
The amendments are necessary because the department has determined the
proposed modifications will streamline the department licensing system, make
the system simpler for license purchasers, and provide better use and harvest
data from various user groups.
Paul Hammerschmidt, Coastal Fisheries Division Director of Strategic Planning,
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 enforcing or administering the rules, as the proposed amendments
are revenue neutral to the department and do not affect any other units of
state or local government.
The proposed amendment to §53.12 would combine the resident and nonresident
commercial fishing boat licenses ($18 and $72, respectively) into a single
license with a fee of $25. The $25 fee for the new license was selected because
it is the value that will yield approximately the same revenue as was realized
from the combined sales of the resident and nonresident licenses in Fiscal
Year 2006.
The proposed amendment to §53.6 would impose a $3 fee for a bonus
red drum tag. The $3 fee was selected because it represents the value needed
to recoup the department's administrative costs in providing the bonus tag.
The department incurs a cost of $.76 per transaction involving the department's
point-of-sale system, plus the administrative cost of processing, recording,
and completing the transaction. The department issued 5,482 bonus red drum
tags in Fiscal Year 2006 at an estimated cost of approximately $16,000. The
implementation of the $3 fee is expected to result in approximately $16,446
of revenue in Fiscal Year 2007 and thereafter, based on 2006 sales.
Mr. Hammerschmidt has also determined that, for each of the first five
years the rules as proposed are in effect, the public benefit anticipated
as a result of enforcing or administering the rules as proposed will be the
simplification of the department's licensing system, the enhancement of the
department's ability to maintain current levels of service to its customers
and constituents, and the continued ability of the department to adequately
discharge its statutory obligations.
Most of the license and permit changes addressed in the proposed amendments
constitute no changes in license fees and will have no direct impact on persons
required to comply or to small or microbusinesses, except as follows.
The proposed amendment to §53.12, if adopted, will impose a direct
cost on businesses. The proposed amendment would combine the resident and
nonresident commercial fishing boat licenses ($18 and $72, respectively) into
a single license with a fee of $25, which would be a $7 increase for commercial
fishing boat license holders who are Texas residents. Some of the businesses
affected will be small or microbusinesses; however, there is no difference
in the cost of compliance between a large and small business as a result of
the proposed amendments. Likewise, there is no disproportionate economic impact
on small or microbusinesses.
The proposed amendment to §53.6, if adopted, would also impose a direct
cost to persons required to comply and to small and microbusinesses. The proposed
amendment would impose a $3 fee for a bonus red drum tag. Some of the businesses
affected will be small or microbusinesses; however, there is no difference
in the cost of compliance between a large and small business as a result of
the proposed amendment. Likewise, there is no disproportionate economic impact
on small or microbusinesses. TPWD is not aware of a performance-oriented,
voluntary, or market-based approach that would substitute for the proposed
amendment.
The department does not require persons who purchase licenses or permits
to supply detailed information as to the nature or scope of any commercial
enterprise in which the license or permit is to be used. The department does
not believe, however, that there are many, if any, businesses employing more
than 100 persons that will be affected by the proposed rules. Therefore, the
department has used the cost-per-employee method for comparing the cost of
compliance for small businesses to the cost of compliance for the largest
businesses affected by the proposed rules.
For commercial fishing boat licenses, the proposed fee increase would impose
a maximum per-employee cost ranging from $7 for a business employing one person
to $.07 for a business employing 100 people. For microbusinesses, the maximum
per-employee cost would range from $7 for one employee to $.35 for 20 employees.
For large businesses, the minimum per-employee cost would be fractions of
a dollar lower than the maximum cost of compliance for a small business. TPWD
is not aware of a performance-oriented, voluntary, or market-based approach
that would substitute for the proposed amendment.
For bonus red drum tags, the proposed fee increase would impose a maximum
of $3 for a business employing one person to $.03 for a business employing
100 people. For microbusinesses, the maximum per-employee cost would range
from $3 for one employee to $.15 for 20 employees. For large businesses, the
minimum per-employee cost would be fractions of a dollar lower than the maximum
cost of compliance for a small business. TPWD is not aware of a performance-oriented,
voluntary, or market-based approach that would substitute for the proposed
amendment.
The department has not drafted a local employment impact statement under
the Administrative Procedures Act, §2001.022, as the agency has determined
that the rules as proposed will not impact local economies.
The department has determined that there will not be a taking of private
real property, as defined in Government Code, Chapter 2007, as a result of
the proposed rules.
Comments on the proposed rules may be submitted by phone, written correspondence
or e-mail to Paul Hammerschmidt (512) 389-4650 or Ms. Kim Dudish (512) 389-4675;
Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas
78744; or 1-800-792-1112.
Subchapter A. FEES
1.
LICENSE, PERMIT, AND BOAT AND MOTOR FEES
31 TAC §§53.2, 53.5, 53.6, 53.12, 53.13
The amendments are proposed under the authority of Parks and
Wildlife Code, §42.012, which authorizes the commission to establish
a lower hunting license fee or waive the fee or license requirement for a
resident who is under 17 years old; §43.402, which authorizes the commission
to exempt persons from the saltwater fishing stamp requirements; §43.802,
which authorizes the commission to exempt persons from the freshwater fishing
stamp requirements; §46.004, which authorizes the commission to establish
fees for resident and non-resident fishing licenses and to establish a lower
fee or waive the fee or license requirement for a resident who is blind as
defined by Human Resources Code, §94.001; §46.0045, which authorizes
the commission to establish fees for initial and duplicate tags; §46.005,
which authorizes the commission to establish fees for temporary sportfishing
licenses of all types; and §47.007, which authorizes the commission to
establish a fee for a commercial fishing boat license.
The amendment affects Parks and Wildlife Code, Chapters 42, 43, 46, and
47.
§53.2.License Issuance Procedures, Fees, Possession, and Exemption Rules.
(a)
Hunting license possession.
(1) - (2)
(No change.)
(3)
A person may hunt deer in this state without having a valid
hunting license in immediate possession only if that person:
(A)
(No change.)
(B)
is lawfully hunting:
(i) - (iv)
(No change.)
(v)
by special antlerless permit issued by the U.S. Forest
Service (USFS) for use on USFS lands that are part of the department's public
hunting program.
For the purposes of this chapter, any person under the
age of 17 is a resident.
(b)
Fishing license possession.
(1)
(No change.)
(2)
No person may catch and retain a red drum over 28 inches
in length in the coastal waters of this state without having a valid fishing
license, saltwater sportfishing stamp
(if applicable)
, and red
drum tag in immediate possession.
(c) - (e)
(No change.)
§53.5.Recreational Hunting Licenses, Stamps, and Tags.
(a)
Hunting licenses:
(1)
(No change.)
(2)
senior
[
(3)
youth hunting--$6. Valid for
any person under 17 years of age on the date of license purchase;
(4)
[
(5)
[
(6)
[
(7)
[
(8)
[
(9)
[
(b)
(No change.)
§53.6.Recreational Fishing Licenses, Stamps, and Tags.
(a)
The items listed in this subsection are sold only as part
of a package. The price and terms of these items are as follows:
(1)
(No change.)
(2)
special resident fishing license
(valid for residents
who are legally blind as described in Parks and Wildlife Code, §46.004)
--$6
;
(3)
senior resident fishing license
(valid for residents who are 65 years of age or older on the date of license
purchase)--$6;
(4)
[
[
[
(5)
[
[
(b)
(No change.)
(c)
Fishing packages and licenses. The price of any fishing
package shall be the sum of the price of the individual items included in
the package.
(1) - (3)
(No change.)
(4)
senior
[
(5)
senior
[
(6)
senior
[
(7)
(No change.)
[
[
[
[
[
[
(8)
resident one-day all-water
fishing license--$10. One red drum tag shall be available at no additional
charge with the purchase of the first one-day license only.
(9)
[
(10)
[
(11)
[
[
[
[
(12)
non-resident one-day all-water
fishing license--$15. One red drum tag shall be available at no additional
charge with the purchase of the first one-day license only.
(13)
[
(14)
[
(d)
Fishing tags:
(1)
(No change.)
(2)
bonus red drum tag
(provides a second red drum tag
to persons that have previously received a red drum tag)--$3
[
(3) - (4)
(No change.)
§53.12.Commercial Fishing Licenses and Tags.
(a) - (b)
(No change.)
(c)
General, finfish, menhaden, mussel, clam, and miscellaneous
licenses.
(1)
Licenses and permits.
(A)
[
(B) - (F)
(No change.)
[
(G)
[
(H)
[
(I)
[
(J)
[
(K)
[
(L)
[
§53.13.Business License and Permits (Fishing).
(a)
Licenses.
(1) - (8)
(No change.)
(9)
finfish import--$90; [
(10)
freshwater
[
[(A)
for use in both saltwater and freshwater--$200;
and]
[(B)
for use in frewshwater only--$125.]
(11)
resident all-water
[
[
[
(12)
non-resident all-water fishing
guide--$1,000.
(b) - (c)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 12, 2007.
TRD-200700430
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Earliest possible date of adoption: March 25, 2007
For further information, please call: (512) 389-4775
31 TAC §53.60
The amendment is proposed under the authority of Parks and
Wildlife Code, §43.402, which authorizes the commission to exempt persons
from the saltwater fishing stamp requirements and §43.802, which authorizes
the commission to exempt persons from the freshwater fishing stamp requirements.
The amendment affects Parks and Wildlife Code, Chapter 43.
§53.60.Stamps.
(a) - (d)
(No change.)
(e)
Stamp Exemptions.
(1) - (7)
(No change.)
(8)
Special fishing license holders
are exempt from the requirements for acquisition and possession of the following
stamps:
(A)
saltwater sportfishing stamp;
and
(B)
freshwater fishing stamp.
(9)
All one-day all-water fishing
license holders are exempt from requirements for acquisition and possession
of the following stamps:
(A)
saltwater sportfishing stamp;
and
(B)
freshwater fishing stamp.
(f) - (i)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on February 12, 2007.
TRD-200700431
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Earliest possible date of adoption: March 25, 2007
For further information, please call: (512) 389-4775
special
] resident hunting--$6.
Valid for [
residents under 17 years of age,
] residents who are
65 years of age or older[
, and nonresident hunters who are under 17 years
of age
] on the date of license purchase;
(3)
] replacement hunting--$10;
(4)
] general nonresident hunting--$300;
(5)
] nonresident special hunting--$125;
(6)
] nonresident five-day special
hunting--$45;
(7)
] nonresident spring turkey
hunting--$120; and
(8)
] nonresident banded bird hunting--$25.
(3)
] "year-from-purchase" resident
fishing license--$30. The "Year-from-purchase" resident fishing license is
valid from the date of purchase through the end of the purchase month of the
subsequent year
; and
[
.
]
(4)
July and August resident fishing
license--$20. The July and August resident fishing license is valid from the
first day of July through the last day of August for the license year of purchase.]
(5)
day resident fishing license--$6.
The day resident license is valid within a license year for the specified
days of the resident "day plus" package within which it is sold].
(6)
] non-resident fishing license--$50
.
(7)
day non-resident fishing license--$12.
The day non-resident license is valid within a license year for the specified
days of the non-resident "day plus" package within which it is sold.]
special
] resident freshwater
fishing package--$11. Package consists of a
senior
[
special
] resident fishing license and a freshwater fishing stamp;
special
] resident saltwater
fishing package--$16. Package consists of a
senior
[
special
] resident fishing license and a saltwater sportfishing stamp with a
red drum tag;
special
] resident "all water"
fishing package--$21. Package consists of a
senior
[
special
] resident fishing license, a freshwater fishing stamp, and a saltwater
sportfishing stamp with a red drum tag;
(8)
July and August resident freshwater
fishing package--$25. Package consists of a July and August resident fishing
license and a freshwater fishing stamp.]
(9)
July and August resident saltwater
fishing package--$30. Package consists of a July and August resident fishing
license and a saltwater sportfishing stamp with a red drum tag.]
(10)
July and August resident
"all water" fishing package--$35. Package consists of a July and August resident
fishing license, a freshwater fishing stamp, and a saltwater sportfishing
stamp with a red drum tag.]
(11)
resident freshwater fishing
"day plus" package--$11 for the first day plus $4 for each additional consecutive
day. Package consists of a day resident fishing license and a freshwater fishing
stamp, valid for the number of days purchased. Any purchaser who has previously
purchased this package within the license year may repurchase this package
at $6 for the first day plus $4 for each additional consecutive day. The privileges
of the stamp shall be extended to the holder for the term of the subsequent
purchase of this package.]
(12)
resident saltwater fishing
"day plus" package--$16 for the first day plus $4 for each additional consecutive
day. Package consists of a day resident fishing license and a saltwater sportfishing
stamp with a red drum tag, valid for the number of days purchased. Any purchaser
who has previously purchased this package within the license year may repurchase
this package at $6 for the first day plus $4 for each additional consecutive
day. The privileges of the stamp shall be extended to the holder for the term
of the subsequent purchase of this package.]
(13)
resident all water fishing
"day plus" package--$21 for the first day plus $4 for each additional consecutive
day. Package consists of a day resident fishing license, a freshwater fishing
stamp, and a saltwater sportfishing stamp with a red drum tag, valid for the
number of days purchased. Any purchaser who has previously purchased this
package within the license year may repurchase this package at $6 for the
first day plus $4 for each additional consecutive day. The privileges of the
stamps shall be extended to the holder for the term of the subsequent purchase
of this package.]
(14)
] non-resident freshwater fishing
package--$55. Package consists of a non-resident fishing license and a freshwater
fish stamp.
(15)
] non-resident saltwater fishing
package--$60. Package consists of a non-resident fishing license and a saltwater
sportfishing stamp with a red drum tag.
(16)
] non-resident "all water"
fishing package--$65. Package consists of a non-resident fishing license,
a freshwater fishing stamp, and a saltwater sportfishing stamp with a red
drum tag.
(17)
non-resident freshwater fishing
"day plus" package--$17 for the first day plus $8 for each additional consecutive
day. Package consists of a day non-resident fishing license and a freshwater
fishing stamp, valid for the number of days purchased. Any purchaser who has
previously purchased this package within the license year may repurchase this
package at $12 for the first day plus $8 for each additional consecutive day.
The privileges of the stamp shall be extended to the holder for the term of
the subsequent purchase of this package.]
(18)
non-resident saltwater fishing
"day plus" package--$22 for the first day plus $8 for each additional consecutive
day. Package consists of a day non-resident fishing license and a saltwater
sportfishing stamp with a red drum tag, valid for the number of days purchased.
Any purchaser who has previously purchased this package within the license
year may repurchase this package at $12 for the first day plus $8 for each
additional consecutive day. The privileges of the stamp shall be extended
to the holder for the term of the subsequent purchase of this package.]
(19)
non-resident all water fishing
"day plus" package--$27 for the first day plus $8 for each additional consecutive
day. Package consists of a day non-resident fishing license, a freshwater
fishing stamp, and a saltwater sportfishing stamp with a red drum tag, valid
for the number of days purchased. Any purchaser who has previously purchased
this package within the license year may repurchase this package at $12 for
the first day plus $8 for each additional consecutive day. The privileges
of the stamp shall be extended to the holder for the term of the subsequent
purchase of this package.]
(20)
] Lake Texoma fishing license--$12.
Holders of a valid Lake Texoma License are exempt from freshwater fishing
stamp requirements solely for the purpose of fishing on Lake Texoma; and
(21)
]
replacement
[
Replacement
] fishing package or license--$10.
--$0 .Available only to anglers presenting a fully executed original or duplicate
red drum tag, a valid fishing package or license and the required information
];
resident
] commercial fishing boat
(required
for any boat used in taking aquatic products (except menhaden, oysters, crabs
and shrimp) from state waters or unloading aquatic products in Texas taken
from outside state waters for commercial purposes)--$25
[
--18
];
(G)
nonresident commercial fishing
boat--$72;]
(H)
] nonresident general commercial
fisherman's--$180;
(I)
] nonresident commercial mussel
and clam fisherman's--$960;
(J)
] nonresident shell buyer's--$1,800;
(K)
] menhaden fish plant permit--$180;
(L)
] mussel dredge fee--$36; and
(M)
] permit to sell non-game fish--$60.
and
]
resident
] fishing guide
(required for residents or nonresidents who operate a boat for anything of
value in transporting or accompanying anyone who is fishing in freshwater
of this state)--$125
non-resident
]
fishing guide--$200
; and
[
:
]
(A)
for use in both saltwater
and freshwater--$200. This fee is $1,000 for the license year beginning September
1, 2004 and thereafter.]
(B)
for use in freshwater only--$125.]
Subchapter B. STAMPS
Subchapter A. FEES