Part 2.
TEXAS PARKS AND WILDLIFE DEPARTMENT
Chapter 58.
OYSTERS AND SHRIMP
Subchapter B. STATEWIDE SHRIMP FISHERY PROCLAMATION
31 TAC §58.161
The Texas Parks and Wildlife Commission adopts an amendment
to §58.161, concerning Shrimping in Outside Waters, with changes to the
proposed text as published in the December 22, 2006, issue of the
Texas Register
(31 TexReg 10247).
The change would impose a maximum 60-day limit on any closure of the summer
Gulf shrimping season implemented by order of the executive director.
Parks and Wildlife Code, Chapter 77, authorizes the Parks and Wildlife
Commission (Commission) to regulate the take, attempted take, possession,
purchase, and sale of shrimp resources from the salt waters of Texas.
Under Parks and Wildlife Code, §77.062, the Commission is authorized
to delegate to the Executive Director the authority to open and close the
summer Gulf shrimp season in the outside waters of the state. Prior to the
Commission adoption of the Shrimp Fishery Management Plan (SFMP) in 1989,
the Commission had been authorized by the Shrimp Management Act of 1959 to
alter the gulf closed season to provide for an earlier, later, or longer season
not to exceed 60 days, and was authorized to delegate that authority to the
Executive Director, provided the openings and closures were based on sound
biological data. Historically, Texas state waters have been managed by the
mechanism of delegated authority. In 1981, a coordinated effort to close both
state and federal waters became known as the "Texas Closure" and since that
time, such closures also have been implemented via delegation of authority.
Prior to the adoption of the SFMP and since the adoption of the plan, the
Executive Director has exercised delegated rulemaking authority under Parks
and Wildlife Code, Chapter 77, and the applicable provisions of the SFMP.
The delegation of authority by rule is consistent with Commission practice.
For example, under Parks and Wildlife Code, Chapter 64, the Commission is
authorized to delegate rulemaking authority to the Executive Director with
respect to regulations concerning migratory game birds. The delegation of
this rulemaking authority is explicitly set forth in Title 31, Chapter 65,
Subchapter N, of the Texas Administrative Code. The department believes that
the delegation of regulatory authority by rule aids the public in understanding
the workings of the department and should be used at every opportunity; therefore,
the proposed amendment explicitly codifies the delegated rulemaking authority
of the Executive Director to open and close the summer shrimp season in the
outside state waters of the Gulf of Mexico.
The amendment will function by delegating authority to the Executive Director
of the department to open and close the summer shrimp season in the outside
waters of the Gulf of Mexico.
One commenter opposed adoption of the proposed amendment and stated that
the department's statement in the proposal preamble that the amendment will
not result in direct costs for persons to comply with the rule was "totally
wrong," and further, that it would result in a great loss of income for small
businesses. The commenter did not elaborate. The department disagrees with
the comment and responds that the rule as adopted does not introduce or modify
any regulatory effects; it simply authorizes the executive director to act
on behalf of the commission in performing a function that is already provided
for by statute. No changes were made as a result of the comment.
Five commenters opposed adoption of the proposed rule if it contained the
potential for a 75-day rather than a 60-day closure by order of the executive
director. The department agrees with the comments and has made changes accordingly.
The department received one comment supporting adoption of the proposed
amendment.
The amendment is adopted under the authority of Parks and Wildlife
Code, Chapter 77, which authorizes the commission delegate to the director
the duties and responsibilities of opening and closing the shrimping season
under Chapter 77.
§58.161Shrimping in Outside Waters.
(a)
Gulf net restrictions.
(1)
Except as otherwise provided in this section, no trawls
may have a mesh size smaller than 8-3/4 inches in length between the two most
widely separated knots in any consecutive series of five stretched meshes
after the trawl has been used.
(2)
Except as otherwise provided in this section, the presence
of a shrimp trawl (excluding doors) not stored within the confines of the
hull of a vessel in outside water during the closed periods provided by subsection
(d) of this section is prima facie evidence of a violation of this section.
(3)
Electro-trawls. In outside waters beyond 5 nautical miles,
an electro-trawl having an applied voltage of no more than three volts may
be used for taking shrimp.
(4)
Number of trawls:
(A)
There are no restrictions on the number of trawls that
may be used in outside waters except as provided in this section;
(B)
No more than two trawls may be used in the outside waters
from shoreline out to three nautical miles except as provided in this section.
(5)
Except as otherwise provided in this section, in the outside
waters from shoreline out to three nautical miles, the main trawl:
(A)
must have doors at least 3 feet long as measured along
the door centerline from leading tip to the trailing edge of the door; and
(B)
must not exceed any of the following dimensions, as measured
along an uninterrupted corkline from leading tip of door to leading tip of
door including any and all add-on devices or attachments to the corkline:
Figure: 31 TAC §58.161(a)(5)(B) (No change.)
(b)
Bag and possession limits. During the gulf open season
there are no bag and possession limits on shrimp.
(c)
Size limits. Shrimp of any size may be retained when caught
lawfully in the outside waters.
(d)
Gulf shrimping seasons. The outside waters are open to
shrimping except:
(1)
The Southern Shrimp Zone from the shoreline out to 5 nautical
miles is closed to shrimping from February 16 to the start date of the summer
Gulf closure.
(2)
Night: The outside waters from the shoreline out to 5 nautical
miles is closed to night shrimping (30 minutes after sunset to 30 minutes
before sunrise).
(3)
Summer closed season:
(A)
The outside waters are closed from 30 minutes after sunset
on May 15 to 30 minutes after sunset July 15.
(B)
The commission may change the opening and closing dates
to provide an earlier, later, or longer closed season not to exceed 75 days,
and delegates to the executive director the authority to open and close the
season as provided in Parks and Wildlife Code, §77.062, not to exceed
60 days.
(C)
The department will provide 72 hours public notice prior
to a change in the closing date, and 24 hours public notice prior to reopening
the season.
(4)
The outside waters from the shoreline out to 5 nautical
miles are closed from December 1 through February 15 the following year unless
taking seabobs in the Northern Zone.
(5)
Seabob season:
(A)
Seabobs may be taken:
(i)
during daylight hours only (30 minutes before sunrise to
30 minutes after sunset);
(ii)
during the gulf open season; and
(iii)
during the winter closed season (in the North Zone only).
(B)
No person catching seabobs may catch or have on board a
boat any other species of shrimp which exceed 10%, in weight or number, of
the entire catch.
(C)
Not more than one trawl may be used for taking Seabobs,
except a try net may also be used.
(D)
Net restrictions.
(i)
Try nets.
(I)
A trawl used as a try net may not exceed 12 feet in width
as measured from the trailing edge of one door to the trailing edge of the
other door.
(II)
Try net trawl doors may not exceed 450 square inches each.
(ii)
Main trawl
(I)
Trawl width may not exceed any of the following dimensions,
as measured along an uninterrupted corkline from leading tip of door including
any and all add-on devices or attachments to the corkline:
Figure: 31 TAC §58.161(d)(5)(D)(ii)(I) (No change.)
(II)
Mesh size: trawls used for seabobs must have a mesh size
of 6-1/2 inches in length between the two most widely separated knots in a
consecutive series of five stretched meshes after the trawl has been used.
This agency hereby certifies that the
adoption has been reviewed by legal counsel and found to be a valid exercise
of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 1, 2007.
TRD-200700818
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Effective date: March 21, 2007
Proposal publication date: December 22, 2006
For further information, please call: (512) 389-4775
Subchapter T. SCIENTIFIC BREEDER'S PERMITS
31 TAC §65.610, §65.611
The Texas Parks and Wildlife Commission adopts amendments
to §65.610 and §65.611, concerning Scientific Breeder's Permits,
without changes to the proposed text as published in the December 15, 2006,
issue of the
Texas Register
(31 TexReg 10083).
The amendments correct an inaccurate provision regarding who may receive
deer from a scientific breeder on a temporary basis and a reference to a permit
that no longer exists.
Current §65.610(b) stipulates that a scientific breeder may transfer
deer temporarily for breeding or nursing purposes only to another scientific
breeder. In a comprehensive revision of the subchapter adopted in the May
19, 2006, issue of the
Texas Register
(31
TexReg 4227), the department intended to restrict the temporary transfer of
scientific breeder deer for breeding purposes but did not intend to prevent
anyone from temporarily holding deer for nursing purposes. The proposed amendment
is necessary to allow this to occur.
Current §65.611, concerning Prohibited Acts, provides that no person
may sell deer to another person unless either the purchaser or the seller
possesses a purchase permit. The extensive revision of the subchapter earlier
this year eliminated both the purchase permit and transport permits and replaced
them with a single permit called a transfer permit. The proposed amendment
is necessary to eliminate obsolete terminology and to prevent confusion.
The amendment to §65.610 will function by allowing a scientific breeder
to transfer scientific breeder deer to persons other than scientific breeders
to be temporarily held for nursing purposes.
The amendment to §65.611 will function by eliminating obsolete terminology.
The department received four comments opposing adoption of the proposed
rules. Of the four comments, three provided a rationale or elaboration for
opposition. Those comments follow, accompanied by the agency's response to
each.
Two commenters opposed the practice of keeping deer in captivity for breeding
purposes, rather than the specific proposed rule changes. The department disagrees
with the comments and responds that under Parks and Wildlife Code, §43.352,
the department is required to issue a permit to a qualified person to possess
white-tailed deer or mule deer for propagation, management, and scientific
purposes. As this is a statutory requirement, the commission does not possess
the authority to prohibit the practice or discontinue the program. No changes
were made as a result of the comments.
One commenter opposed adoption and stated that the fee for a scientific
breeder's permit should be between $10,000 and $50,000. The department disagrees
with the comment and responds that the commission policy with respect to the
issuance of scientific breeder permits is to establish fees in an amount that
allows the department to recoup the costs of permit processing, issuance,
and enforcement. The department received four comments supporting adoption
of the proposed amendments.
The Texas Deer Association commented in support of adoption of the proposed
amendments.
The amendments are adopted under the authority of Parks and Wildlife
Code, Chapter 43, Subchapter L, which provides the Commission with authority
to promulgate regulations governing the possession of white-tailed deer and
mule deer for scientific, management, and propagation purposes.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 1, 2007.
TRD-200700819
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Effective date: March 21, 2007
Proposal publication date: December 15, 2006
For further information, please call: (512) 389-4775
Chapter 353.
INTRODUCTORY PROVISIONS
Subchapter H. COLLECTING DELINQUENT OBLIGATIONS
Chapter 65.
WILDLIFE
Part 10.
TEXAS WATER DEVELOPMENT BOARD