Part 2. TEXAS PARKS AND WILDLIFE DEPARTMENT
Subchapter A. FEES
Division 1. LICENSE, PERMIT, AND BOAT AND MOTOR FEES
The Texas Parks and Wildlife Department proposes an amendment to §53.17, concerning Miscellaneous Fees, to establish a fee for participation in a mentored hunting program. Elsewhere in this issue of the Texas Register, the department is proposing rules to create a mentored hunting permit for use on department wildlife management areas. The intent of the rulemaking is to provide an opportunity for persons who are not from traditional hunting backgrounds to learn about and participate in hunting activities on department wildlife management areas.
The proposed amendment to §53.17 would implement a fee of $25 for the mentored hunting permit.
Ms. Linda Campbell, Director of Private Lands and Public Hunting, has determined that for each of the first five years that the rule as proposed is in effect, there may be fiscal implications to state government as a result of enforcement or administration of the rule. The department plans to hold at least five mentored hunting events per year and estimates that a total of 100 persons will participate. The department also estimates that it will sustain a cost of $75 per event participant. Since the proposed permit fee is $25, the department will, therefore, incur a net expense of $50 per participant. Thus, the estimated maximum fiscal cost to the department of the pilot program will be $5,000 per year. However, the department is seeking grant assistance for program delivery that, if secured, would result in a revenue-neutral impact to the department.
There will be no fiscal implications for other units of state or local government as a result of enforcing or administering the proposed rule.
Ms. Campbell also has determined that for each of the first five years the rule as proposed is in effect, the public benefit anticipated as a result of enforcing or administering the rule as proposed will be the opportunity for persons who are not from traditional hunting backgrounds to learn about and participate in hunting activities.
There will be no adverse economic effect on persons required to comply with the rule as proposed. Participation in the mentored hunting program is voluntary, but persons wishing to participate will incur a fee of $25.
The department has determined that small or micro-businesses will not be affected by the proposed rule. Accordingly, the department has not prepared a regulatory flexibility analysis under Government Code, Chapter 2006.
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.
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.
Comments on the proposed rule may be submitted to Linda Campbell, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4395 (e-mail: linda.campbell@tpwd.state.tx.us).
The rule is proposed under the authority of Parks and Wildlife Code, §81.403, which authorizes the department to issue permits authorizing access to public hunting land or for specific hunting, fishing, recreational, or other use of public hunting land or wildlife management areas; requires the conditions for the issuance and use of such permits to be prescribed by rule; and requires the department to charge a permit fee by rule.
The proposed rule affects Parks and Wildlife Code, Chapter 81.
§53.17.Miscellaneous Fees.
(a) Off-highway vehicle decal--$8; [and]
(b) Controlled exotic snake permits:
(1) recreational--$20;
(2) commercial--$60; and
(c) Mentored hunting permit--$25.
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 April 7, 2008.
TRD-200801832
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Earliest possible date of adoption: May 18, 2008
For further information, please call: (512) 389-4775
The Texas Parks and Wildlife Department (the department) proposes an amendment to §53.30, concerning Facility Admission and Use Fees. The amendment would reorganize the fee structure for reserving and using facilities on the Parrie Haynes Ranch; establish minimum fees for department-provided meal services; create a fee discount for facility use by youth groups; add definitions to clarify words and terms; increase the amounts of existing fee ranges; waive fees for sub-lessees and persons participating in volunteer activities; and clarify that use the use of specific ranch facilities is by reservation only.
The Parrie Haynes Ranch is a 4,525-acre property the department leases from the Texas Youth Commission. During summer months, the department, with the consent of the Texas Youth Commission, subleases the property to the C5 Youth Foundation (formerly Camp Coca-Cola) for the operation of a camp for high-potential youth from risk-filled environments. In addition, the C5 Youth Foundation has made significant infrastructure improvements to and investments in the Parrie Haynes Ranch in support of the operation of the camp. To the extent that other uses do not conflict with the use of the ranch by the C5 Foundation and are consistent with the department's mission and the department's lease from the Texas Youth Commission, the department manages the property as an outdoor learning center and conference, environmental, and equestrian facility serving primarily youth, although ranch facilities are also available for use by other groups.
The current fee structure does not address the complete range of facilities and activities available on the ranch and the current fee ranges specified by rule are insufficient to recover the majority of the cost of operating the facility. The proposed rules would reconfigure the current fee structure to account for all facilities and activities available to the public, stipulate the fee range for each facility or type of facility, and provide for a fee discount for youth groups. The proposed amendment is intended to allow the department to recover a larger percentage of operational expenses while continuing to provide affordable opportunity for organizations and entities, especially youth groups.
The current rule addresses fee ranges very broadly for ranch facility components. The department has determined that it is necessary to assign fee ranges more specifically on the ranch. For instance, the current rule specifies individual fee ranges only for the larger houses on the ranch, and an aggregate fee range for "lodging," by which is meant the small cabins on the ranch. Because the facilities on the ranch are not all the same, the proposed amendment would identify the smaller components such as cabins, meeting rooms, pavilion, and pool and assign specific fee ranges to each.
Additionally, the proposed amendment would create definitions, make clarifications, and add stipulations as noted.
The proposed amendment to §53.30(5)(A) would define the meanings of specialized words and terms used in the paragraph for purposes of providing for the unambiguous interpretation of the paragraph or to reduce repetition of lengthy phrases.
For the sake of avoiding needless repetition, the proposed amendment to §53.30(5)(A)(i) would define "rig" to mean a tandem of one vehicle and one horse trailer.
The proposed amendment to §53.30(5)(A)(ii) would define "volunteer" as "a person the department has authorized to access the Parrie Haynes Ranch to provide maintenance, development, program delivery, or other similar assistance to the Parrie Haynes Ranch." The definition is necessary because another provision of the proposed amendment would waive all fees for volunteers and the department wishes to be clear as to what is meant by the term.
The proposed amendment to §53.30(5)(A)(iii) would define the term "youth group" as "a group at least 60% of which are 17 years of age or younger." The department chooses 17 years of age as the maximum age for youth in order to be consistent with the statutory definition of "youth" in the Parks and Wildlife Code. The minimum percentage composition of youth necessary for a group to qualify as a youth group is based on the minimum level of adult supervision acceptable to the department and is consistent with criteria used by most school districts for supervision of children on away-from-school activities.
The proposed amendment to §53.30(5)(B) would clarify that use of specific ranch facilities by the public is on a reservation-only basis. Use of the Parrie Haynes Ranch facilities and activities (other than the equestrian center) is restricted to reservation-only because the ranch is not staffed or otherwise equipped to handle walk-up business.
The Parrie Haynes Ranch consists of two areas, the Hilltop Complex on the west side of the ranch, and the Equestrian Center on the east side of the ranch. The proposed amendment to §53.30(5)(C) would establish fee ranges for the various facilities on the Hilltop Complex portion of the ranch. The proposed fee ranges were developed with the intent of providing facilities and services at prices similar to those found at comparable facilities elsewhere in the state. The department compared rental prices for cabins, houses, meeting rooms, dining halls, pavilions, pools, and day use at Belton Lake Outdoor Recreation Center, Heart of Texas Baptist Encampment, Pine Cove Retreats, McKinney Roughs and Canyon of the Eagles (Lower Colorado River Authority), Camp Allen, the Texas 4-H Center, and the T-Bar-M resort and has determined that the proposed fee ranges are consistent with comparable fees for similar facilities and activities.
The proposed amendment to §53.30(5)(D) would establish fee ranges for camping and day use on the ranch. For the purposes of these rules, the department views camping as overnight visitation that does not include lodging in one of the buildings on the ranch. The camping fees are established at two levels, primitive and with recreational vehicle electrical hookup.
The proposed amendment to §53.30(5)(E) would establish fee ranges for use of the Equestrian Center. In addition, the proposed amendment would allow the closure of the equestrian center to overnight visitation and the waiver of fees by order of the executive director when necessary to address staffing and management priorities. The provision is necessary because the ranch is minimally staffed.
The proposed amendment to §53.30(5)(F) would establish a fee range for meals provided by the department. The minimum fee for meal service would be calculated on the basis of a 25-person party. The Parrie Haynes Ranch is minimally staffed; meal preparation, service, and cleanup represent a significant operational investment of staff time and cannot be provided on a cost-effective basis for fewer than 25 people.
The proposed amendment to §53.30(5)(G) would provide for exceptions to the provisions of the rule. The proposed amendment to §53.30(5)(G)(i) would establish a standard 40% discount on fees for the use of certain ranch facilities by youth groups. As noted earlier, the Parrie Haynes Ranch was donated to the state for the benefit of youth and is leased by the department from the Texas Youth Commission for that purpose. In order to provide affordable opportunities for groups and organizations that serve youth populations, the department believes that fees for youth groups should be substantially less than those charged to other groups and individuals.
The Parrie Haynes Ranch is used by other governmental entities under interagency and interlocal contracts pursuant to the requirements of Government Code, Chapters 771 and 791; therefore, the proposed amendment to §53.30(5)(G)(ii) would note that fact for the sake of clarity.
The proposed amendment to §53.30(5)(G)(iii) also would waive all fee requirements for volunteers and Texas Youth Commission-approved sub-lessees. In operating and maintaining the Parrie Haynes Ranch the department receives donated labor and program delivery benefits from volunteer individuals and organizations. The proposed amendment waives the fees for such persons in order to maximize and encourage volunteer activities on the ranch. As previously noted, the department subleases the property to the C5 Youth Foundation (formerly Camp Coca-Cola), for the operation of a camp for high-potential youth from risk-filled environments. The camp is operated completely at the expense of the C5 Youth Foundation and therefore the department believes it is appropriate to waive all fees for the camp.
The proposed amendment to paragraph (5) also standardizes terminology by creating standard rental time-unit of a "24-hour period" to replace current references to "per night" and "per day" as they occur throughout the rule.
Mr. Ernie Gammage, Chief of the Urban Outdoor Programs Branch, has determined that for each of the first five years the rule as proposed is in effect, there will be fiscal implications to state government as a result of enforcing or administering the rules.
Utilizing historical revenue data, the department estimates that the proposed rule will result in a revenue increase to the department of approximately $24,300 per year. It is not possible to predict ranch revenues in the future, so for the purposes of this analysis, the department calculated the revenue increase that would occur if usage in the next fiscal year (FY) were identical to estimated usage in the past fiscal year. In FY 2007, the total revenue from fees at the Parrie Haynes Ranch was $64,900. If the same estimated usage were to occur under the proposed fee increases, the department would realize $89,200, or an increase of $24,300.
There will be no negative fiscal implications for units of local government.
Mr. Gammage also has determined that for each of the first five years the rule as proposed is in effect, the public benefit anticipated as a result of enforcing or administering the rule as proposed will be the continued ability of the department to operate the Parrie Haynes Ranch in support of the department's mission.
The department has determined that there will be no direct economic effect on small or micro-businesses as a result of the proposed rule, because the rule does not affect small or micro-businesses; accordingly, the department has not prepared a regulatory flexibility analysis under Government Code, Chapter 2006. There will be no adverse economic effect on persons required to comply with the rules as proposed.
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.
The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rule.
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.
Comments on the proposed rule may be submitted to Ernie Gammage, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4472 (e-mail: ernie.gammage@tpwd.state.tx.us).
The amendment is proposed under Parks and Wildlife Code, §11.027, which authorizes the commission to establish and provide for the collection of a fee for entering, reserving, or using a facility or property owned or managed by the department.
The proposed amendment affects Parks and Wildlife Code, Chapter 11.
§53.30.Facility Admission and Use Fees.
As determined and authorized by the executive director, the department may charge entrance and facility use fees within the ranges established or the amounts specified in this section.
(1) - (4) (No change.)
(5) Parrie Haynes Ranch.
(A) Definitions.
(i) Rig--a vehicle/horse trailer tandem;
(ii) Volunteer--a person the department has authorized to access the Parrie Haynes Ranch to provide maintenance, development, program delivery, or other similar assistance to the Parrie Haynes Ranch; and
(iii) Youth group--a group at least 60% of which are 17 years of age or younger.
(B) General. Use of the Parrie Haynes Ranch facilities listed in subparagraphs (C), (D) and (F) of this paragraph is on an as-available basis by reservation only.
(C) Facility fees. On the basis of availability, use of the Longhorn Lodge, Hoblitzelle Activity Pavilion, Rio Vista Hall, Buffalo Bunkhouse Meeting Rooms, and Pool is included for groups of 25 or more persons who purchase lodging and meals at the Hilltop Complex.
(i) Lodging.
(I) Mountain Laurel House--$150 to $250 per 24-hour period;
(II) Lone Star House--$250 to $400 per 24-hour period;
(III) Buffalo Bunkhouse--$300 to $600 per 24-hour period;
(IV) Cabins (Llano, Frio, Comal, Lantana, Primrose, Rattlesnake, Hawk, Coyote, and Bobcat)--$300 to $500 per 24-hour period, subject to applicable occupancy restrictions; and
(V) Rustic Hunter's Cabin--$50 to $100 per 24-hour period.
(ii) Other facilities.
(I) Longhorn Lodge (classroom)--$150 to $250 per 24-hour period;
(II) Hoblitzelle Activity Pavilion--$100 to $150 per 24-hour period;
(III) Buffalo Bunkhouse (meeting rooms)--$50 to $150 per 24-hour period;
(IV) Rio Vista Hall--$150 to $250 per 24-hour period;
(V) pool--$150 to $250 per 24-hour period (lifeguard not provided).
(iii) Miscellaneous.
(I) kayak rental--$10 to $40 per kayak per 24-hour period;
(II) ropes challenge course--$10 to $40 per person per 24-hour period (must be accompanied by or include at least one certified facilitator provided by the user).
(III) shooting range--$20 to $40 per person per 24-hour period (must be accompanied by or include at least one person, provided by the user, who is certified by the department or the National Rifle Association as a hunter education instructor); and
(IV) Hilltop equestrian arena--$200 to $300 per 24-hour period.
(V) Youth Hunting Package (maximum: two nights, lodging (Rustic Hunter's Cabin) and hunting only)--$20 to $60 per person per 48-hour period;
(D) camping and day use:
(i) camping:
(I) primitive--$5 to $20 per person per 24-hour period; and
(II) RV/electrical connection--$16 to $30 per 24-hour period.
(ii) day use: $3 to $15 per person per 24-hour period.
(E) Equestrian Center fees. When necessary to address staffing and management priorities, the Executive Director by order may close the equestrian center to overnight visitation and waive the fees established in this subparagraph.
(i) Day use (includes overnight, no lodging)--$10 to $20 per 24-hour period per rig;
(ii) Overnight (with electrical hook-up)--$16 to $30 per 24-hour period per rig;
(iii) Extra vehicle--$5 to $15 per 24-hour period;
(iv) Cowboy Cabin--$20 to $40 per 24-hour period;
(v) Hideout Clubhouse (including porch)--$120 to $200 per 24-hour period; and
(vi) Hideout Clubhouse (porch only)--$60 to $80 per 24-hour period.
(F) Meals.
(i) Meal fees shall be from $5 to $25 per person per meal, depending on the meal plan selected.
(ii) For groups of fewer than 25 people, the minimum meal fee shall be the fee that would be charged to a group of 25 persons, depending on the meal plan selected.
(G) Exceptions.
(i) The fees listed in subparagraph (C)(i) of this paragraph shall be discounted by 40% for youth groups.
(ii) Use of the Parrie Haynes Ranch by governmental entities shall be by agreement according to the relevant provisions of Government Code, Chapters 771 and 791, regarding Interagency Cooperation and Interlocal Cooperation.
(iii) Volunteers are exempt from all fee requirements.
(iv) Existing subleases of Parrie Haynes Ranch approved by the Texas Youth Commission are exempt from the provisions of this section.
[(5) Parrie Haynes Youth ranch.]
[(A) lodging--$10 to $50 per night;]
[(B) meals--$21 to $48 per day;]
[(C) hill-top rental--$1,000 to $5,000 per day;]
[(D) Mountain King--$150 to $200 per night;]
[(E) Big House--$250 to $600 per night;]
[(F) equine area--$10 to $12 per day; and]
[(G) equine area club house--$125 to $150 per day.]
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 April 4, 2008.
TRD-200801766
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Earliest possible date of adoption: May 18, 2008
For further information, please call: (512) 389-4775
Subchapter C. INTRODUCTION OF FISH, SHELLFISH AND AQUATIC PLANTS
31 TAC §§57.251 - 57.253, 57.258, 57.259
The Texas Parks and Wildlife Department (the department) proposes amendments to §§57.251 - 57.253, 57.258, and 57.259, concerning Introduction of Fish, Shellfish and Aquatic Plants.
Parks and Wildlife Code, §12.015, requires the department to regulate the introduction and stocking of fish, shellfish, and aquatic plants into the public water of the state. Under Parks and Wildlife Code, §66.015, the department is required to adopt rules governing the issuance of permits for the introduction of fish, shellfish, and aquatic plants into public waters. Additionally, Agriculture Code, Chapter 134, requires the department to adopt rules to carry out its duties under that chapter.
The department's statutory responsibility is to protect the health and viability of native populations of fish, shellfish, and aquatic life in state waters, including endangered species. Although offshore aquaculture is being practiced elsewhere in the world, it is in its infancy in the United States in general and the Gulf of Mexico in particular.
In November 2006, the Texas Parks and Wildlife Commission adopted rules to govern offshore aquaculture activities in Texas waters. Since that time, persons with a prospective engagement in offshore aquaculture have suggested changes to the rules that would make administrative processes more tractable and therefore more conducive to the establishment of offshore aquaculture activities in Texas.
The proposed amendment to §57.251, concerning Definitions, would alter the definition of "disease condition" to eliminate the 5% mortality rate set forth in paragraph (3)(B) as a determinative criteria for the assumption of a disease condition. Instead, the proposed rule would require that a department-approved aquatic veterinarian be consulted within 48 hours of the discovery that a mortality rate of 5% or more has occurred in an enclosure within a seven-day period. The 48-hour notification was chosen because a longer time period would potentially allow for an epidemiologically unacceptable risk to native resource populations in public waters. The new provision is added as subsection (e)(5) of the proposed amendment to §57.252, concerning General Provisions.
The proposed amendment to §57.252 would alter subsection (a) to enable the department to issue permits to corporations, companies, and other entities that meet all legal requirements for doing business in Texas.
Currently, §57.252(e)(5) provides that in the event a disease condition is discovered or a necessary permit is suspended or revoked, the department has the option of ordering removal of stock from an offshore aquaculture facility. The proposed amendment to §57.252(e)(6) would give the department more flexibility in dealing with these issues, by providing that the department may take "other appropriate action" in addition to or instead of ordering removal of stock.
The proposed amendment to §57.253, concerning Permit Application, would alter subsection (c)(2)(B)(iv) to make the reference to the General Land Office (GLO) accurate. The current provision alludes to a GLO permit to "anchor" a facility. Technically, the General Land Office issues permits to lease submerged lands from the state and does not regulate anchoring activities per se. The proposed amendment is necessary to maintain accurate regulatory language.
The amendment to §57.253(d) would allow the issuance of an offshore aquaculture permit to an entity that possesses a certificate of existence from the Texas Secretary of State and a franchise tax certification of account status from the Texas Comptroller of Public Accounts. The amendment would reduce potential or perceived administrative complexity for prospective offshore aquaculturists.
The proposed amendment to §57.253 also would add a new subsection (e) to authorize the department to request any additional information from an applicant necessary to evaluate the impact of a prospective offshore aquaculture operation. The amendment would facilitate the department's investigation of whether a prospective offshore aquaculture operation poses minimal risk to native populations and systems. With the addition of new subsection (e), current subsection (d) is unnecessary.
The proposed amendment to §57.253(f) would establish an informal review process for permittees who wish to seek review of a department decision to deny a permit application or to refuse to renew a permit issued under the subchapter. The proposed amendment would require the department to notify a permittee upon a determination to deny or suspend a permit. A permittee would then have ten working days from receipt of notification to request a review of such a decision. The review panel would consist of the director and deputy director of the Coastal Fisheries Division and the Deputy Executive Director for Operations (or his or her designee). The review panel would be required to make a determination within ten working days and the decision of the review panel would be final. The proposed amendment would provide an internal mechanism for review by senior agency managers in the event that a permittee contests a department decision to deny a permit application or to refuse to renew a permit.
The proposed amendment to §57.258, concerning Prohibited Acts, would make it an offense for a permittee to construct an offshore aquaculture facility in a manner different from that indicated in an approved application. The current rule requires construction of the offshore aquaculture facility prior to issuance of a permit. Concern has been expressed that the existing rule inhibits project financing, since capital outlays would be required before all permits were secured. Accordingly, the proposed rule would allow issuance of the permit prior to construction. Adding the offense of construction in violation of the permit would help assure satisfactory facility construction.
The proposed amendment to §57.259, concerning Violations and Penalties, would allow for suspension or revocation of permits in the event of violations. This amendment would refer to the statutory requirements in Government Code, Chapter 12, as the permittee's procedural recourse in the event the permittee wishes to challenge the department's intended suspension or revocation of a permit.
Mr. Mike Ray, Coastal Fisheries Deputy Division Director, has determined that for each of the first five years the rules as proposed are in effect, there will be no fiscal implications to state or local government as a result of enforcing or administering the rules.
Mr. Ray also has 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 adoption of a simpler regulatory process that continues to reflect the intent of the Texas Parks and Wildlife Commission that marine ecosystems not be negatively impacted by aquaculture facilities established in Texas waters.
The department has determined that small or micro-businesses will not be affected by the proposed rules, because there are no offshore aquaculture activities currently permitted by the department to operate in Texas waters. Moreover, the overall intent of the proposed rules is to respond to suggestions expressed by potential offshore aquaculturists regarding how to make the rules more manageable for businesses. Accordingly, the department has not prepared a regulatory flexibility analysis under Government Code, Chapter 2006. There will be no adverse economic effect on persons required to comply with the rules as proposed.
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 Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rules.
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 rules.
Comments on the proposed rules may be submitted to Mike Ray, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4649 (e-mail: mike.ray@tpwd.state.tx.us).
The amendments are proposed under Parks and Wildlife Code, §12.015, which requires the department to regulate the introduction and stocking of fish, shellfish, and aquatic plants into the public water of the state; §61.052, which requires the department to regulate taking or possessing aquatic animal life; §66.015(c), which requires the department to establish rules related to the issuance of permits for the introduction of fish, shellfish, or aquatic plants into the public water of the state; and Agriculture Code, §134.005, which requires the commission to adopt rules necessary to carry out its responsibilities under that chapter to regulate aquaculture.
The proposed amendments affect Parks and Wildlife Code, Chapters 12, 61, and 66, and Agriculture Code, Chapter 134.
§57.251.Definitions.
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) - (2) (No change.)
(3) Disease condition--
[(A)]The presence of contagious pathogens
or injurious parasites known or clinically suspected of constituting
a threat to the health of native species of aquatic organisms.
[; or]
[(B) A mortality rate of five percent
or more occurring within a period of seven days in a single enclosure.]
(4) - (11) (No change.)
§57.252.General Provisions.
(a) An offshore aquaculture [A]
permit [issued] under this subchapter may [
shall] be issued to an [a named
] individual, [only and not in the name of a
] corporation, company, or other entity
that meets all requirements of Texas law for transacting
business in this state and the requirements of this subchapter applicable
to offshore aquaculture permits.
(b) A permit under this subchapter other than for an offshore aquaculture facility may be issued to a named individual only and not to a corporation, partnership, or other entity.
(c) [(b)] A permit issued under
this subchapter shall not be sold or transferred except with the approval
of the department.
(d) [(c)] A one-time introduction
permit, for releases other than those made into an offshore aquaculture
facility, is valid for 60 days from the date of issuance or until
the permitted introduction has been completed, whichever comes first.
(e) [(d)] For offshore aquaculture facilities:
(1) An offshore aquaculture permit authorizes permitted activities in a designated area within the offshore aquaculture zone.
(2) The offshore aquaculture permit shall be issued only for the cultivation of native species. Upon request the permittee shall provide the form and type of evidence requested by the department that the individuals are:
(A) obtained from the Gulf of Mexico; or
(B) descended solely from individuals obtained from the Gulf of Mexico.
(3) An offshore aquaculture permit shall be valid from the date of issuance until the date of expiration, but for no longer than 5 years after the issuance date.
(4) The department may inspect:
(A) any enclosure or infrastructure used to engage in offshore aquaculture; or
(B) vessel used to transport stock and equipment to and from an offshore aquaculture facility.
(5) In the event that a single enclosure suffers a mortality rate of five percent of more within seven days, the permittee shall, within 48 hours of suffering the five percent mortality rate, submit samples to a department-approved aquatic veterinarian to determine whether a disease condition exists.
(6) [(5)] The department may
order the removal of all stock from an enclosure
or take other appropriate action upon:
(A) a determination that a disease condition exists; or
(B) an enforcement action by a federal or state agency resulting in the suspension or revocation of a clearance, permit, or authorization that is required under §57.253 of this title (relating to Permit Application).
(7) [(6)] The department may
sample stock to determine genetic lineage.
(f) [(e)] A holder of an offshore
aquaculture permit must:
(1) notify the department at least three calendar days prior to the placing of any fish, shellfish, or aquatic plant into public water;
(2) notify the department at least three calendar days prior to removing any fish, shellfish, or aquatic plant from an offshore aquaculture facility;
(3) notify the department immediately upon discovering that a disease condition exists within an offshore aquaculture facility;
(4) notify the department immediately upon determining that an offshore aquaculture facility has been damaged and the threat of the unintentional release of stock exists; and
(5) remove all enclosures and associated infrastructure from public waters within 10 calendar days of permit expiration or revocation.
(g) [(f)] A permit is not required
for any person, while fishing, to place goldfish (Carassius auratus),
common carp (Cyprinus carpio), native shrimp, crabs, crawfish and
nongame fish into public waters or to immediately release any fish
that does not comply with size and bag limits for that species.
(h) [(g)] An employee of the
department acting at the direction of the executive director is exempt
from the permit requirements specified by these sections.
§57.253.Permit Application.
(a) - (b) (No change.)
(c) An application for an offshore aquaculture facility:
(1) must be received by the department at least 90 days prior to the proposed deployment of any enclosure or infrastructure;
(2) must include:
(A) (No change.)
(B) proof that the applicant has obtained:
(i) - (iii) (No change.)
(iv) approval from the General Land Office to
install an offshore aquaculture facility in state waters [
anchor the facility];
(C) - (G) (No change.)
(d) If the application is in the name of an entity other than an individual person or persons, the application must include a certificate of existence from the Texas Secretary of State and a franchise tax certification of account status from the Texas Comptroller of Accounts.
(e) The department may require the applicant to submit any other information that the department determines is necessary to evaluate the application or protect state resources.
(f) An applicant for a permit under this subchapter may request a review of a decision of the department to refuse issuance of a permit or permit renewal.
(1) An applicant seeking review of a decision of the department with respect to permit issuance under this subchapter shall first contact the department within 10 working days of being notified by the department of permit denial.
(2) The department shall conduct the review and notify the applicant of the results within 10 working days of receiving a request for review. The decision of the review panel shall be final.
(3) The request for review shall be presented to a review panel. The review panel shall consist of the following:
(A) the Deputy Executive Director for Operations (or his or her designee);
(B) the Director of the Coastal Fisheries Division; and
(C) the Deputy Director of the Coastal Fisheries Division.
[(d) An offshore aquaculture permit
will not be issued unless the department has conducted an inspection
of all enclosures and infrastructure and found such to be consistent
with the information provided in the application.]
§57.258.Prohibited Acts.
Except as provided in this subchapter, it is an offense if:
(1) - (4) (No change.)
(5) any person to whom the department has issued an
offshore aquaculture permit fails to remove all enclosures and associated
infrastructure from public waters within 10 calendar days of permit
expiration or revocation; [.]
(6) a permittee constructs an offshore aquaculture facility in a manner different from the department-approved application.
§57.259.Violations and Penalties.
(a) - (b) (No change.)
(c) If a person violates a provision of this subchapter or a provision of a permit issued under this subchapter the department may suspend or revoke the permit after notifying the permittee that a violation has occurred. All contested cases shall be conducted pursuant to the provisions of Government Code, Chapter 2001.
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 April 4, 2008.
TRD-200801767
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Earliest possible date of adoption: May 18, 2008
For further information, please call: (512) 389-4775
Subchapter H. PUBLIC LANDS PROCLAMATION
31 TAC §§65.191, 65.193, 65.194
The Texas Parks and Wildlife Department (the department) proposes amendments to §§65.191, 65.193, and 65.194, concerning the Public Lands Proclamation.
The Parks and Wildlife Code authorizes the department to issue permits for hunting in wildlife management areas and to establish a fair method for distribution of those permits. Tex. Parks. & Wild. Code §81.403(a). Also, department employees are charged with providing outreach and education to "increase the participation in outdoor recreation . . . consistent with the mission and goals of the department." Tex. Parks & Wild. Code §11.0181. The department's mission includes providing "hunting and fishing and outdoor recreation opportunities for the use and enjoyment of present and future generations."
In an effort to increase participation in hunting and provide additional hunting opportunities, the proposed amendments to §65.191 and §65.193 would create and implement a new type of public hunting permit, the Mentored Hunting Permit (MPH). As a trial program, the department would offer limited opportunities on a first-come, first-served basis to persons interested in participating in a multi-day workshop on a department wildlife management area (WMA) that would teach hunting skills, safety, ethics, game processing and preparation, elements of habitat management, and provide guidance and advice for hunting activities in the future. As part of the workshop, participants would be offered the opportunity to participate in a mentored hunt in which the participant is accompanied by an experienced hunter on a WMA as a follow-on component of the workshop. The pilot program is intended to explore possible initiatives to increase hunter recruitment. The mentored hunter program could be an effective vehicle for providing the opportunity for persons who are not from traditional hunting backgrounds to learn about and participate in hunting activities.
Among the permits that allow for access to WMAs is the Field Trial Permit, which authorizes permit holders to participate in competitive events on a WMA in which the skills of hunting dogs are tested. The proposed amendment to §65.194, concerning Competitive Hunting Dog Event (Field Trials) and Fees, would allow event spectators to be named on the permit and therefore be exempt from access permit fees. The department issues an average of two field trial permits per year. These events are staged by trial groups and are attended by handlers, trainers, officials, and spectators. Spectators are typically persons who have dogs in training and wish to observe the progress of their dogs. Under current rule, dog handlers and officials are exempt from access permit fees, but not spectators. There is no regulatory criterion for distinguishing a spectator from a handler or official. Rather than developing a definition to distinguish spectators from handlers and officials and attempting to enforce it, which would not be cost-effective, the department has determined that it would be more effective to allow spectators to be listed on the field trial permit and thereby exempted from the access permit requirement. The field trial permittee already pays a permit fee of between $100 and $500 per day (based on the number of participants) and must have $250,000 in liability insurance (personal injury and property damage) and a $5,000 performance bond, spectators should be exempt from access fees, provided their names and social security numbers are on the list required to be kept by the field trial permittee. Both state and federal laws regarding child support collection require the department to obtain social security numbers for each person to whom a recreational license is issued. Tex. Fam. Code §§231.302, 42 U.S.C. §666.
The proposed amendment to §65.194 would also update a reference to Chapter 53, Subchapter A, which has been retitled since the last time §65.194 was amended.
Ms. Linda Campbell, Director of Private Lands and Public Hunting, has determined that with respect to the proposed amendments to §65.191 and §65.193, there may be fiscal implications to state government as a result of enforcement or administration of the rules for each of the first five years that the rules as proposed are in effect.
Elsewhere in this issue of the Texas Register the department proposes an amendment to §53.17 that would establish a fee of $25 for the mentored hunting permit. The department reproduces the fiscal note from that proposal here as a courtesy to the public.
The department plans to hold five mentored hunting events per year and estimates that a total of 100 persons will participate. The department also estimates that it will sustain a cost of $75 per event participant. Since the proposed permit fee is $25, the department will therefore incur a net expense of $50 per participant. Thus, the estimated maximum fiscal cost to the department of the pilot program will be $5,000 per year. However, the department is seeking grant assistance for program delivery that, if secured, would result in a revenue-neutral impact to the department.
There will be no fiscal implications for other units of state or local government as a result of enforcing the amendments to §65.191 and §65.193.
There will be fiscal implications for state government as a result of enforcing the amendment to §65.194. As previously noted, the department issues an average of two field trial permits per year, which attract a total of approximately 80 spectators, each of whom is required under current rule to purchase an access permit. There are currently two primary types of permits for access to a WMA: the Annual Public Hunting Permit (APH), addressed in §53.10(a)(1) and §§65.191 - 65.208, which allows entry to designated public hunting lands at designated times for the taking of wildlife resources as designated; and the Limited Public Use Permit (LPU), addressed in §53.10(a)(3) and §§65.191 - 65.208, which allows access to designated wildlife management areas and public hunting lands at the same times that access is provided by an APH permit, but does not authorize the take of wildlife resources. The least expensive of these access permits is the $12 LPU. Therefore, the maximum fiscal cost to the agency of waiving access permit fees for field trial spectators is estimated to be approximately $960 per year. The actual fiscal cost could be less, depending on how many spectators have independently purchased an LPU permit or an Annual Public Hunting Permit.
There will be no fiscal implications for other units of state or local government as a result of enforcing the amendments to §65.194.
Ms. Campbell also has 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 opportunity for persons who are not from traditional hunting backgrounds to learn about and participate in hunting activities and the elimination of a regulatory requirement that is more expensive to enforce than it produces in revenue.
There will be no adverse economic effect on persons required to comply with the rules as proposed. Participation in the mentored hunting program is voluntary, but persons wishing to participate will incur a fee of $25.
The department has determined that small or micro-businesses will not be affected by the proposed rules. Accordingly, the department has not prepared a regulatory flexibility analysis under Government Code, Chapter 2006.
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 by Government Code, Chapter 2007, as a result of the proposed rules.
Comments on the proposed rules may be submitted to Linda Campbell, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4395 (e-mail: linda.campbell@tpwd.state.tx.us).
The amendments are proposed under the authority of Parks and Wildlife Code, §81.403, which authorizes the department to issue permits authorizing access to public hunting land or for specific hunting, fishing, recreational, or other use of public hunting land or wildlife management areas; requires the conditions for the issuance and use of such permits to be prescribed by rule; and requires the department to charge a permit fee by rule.
The proposed rules affect Parks and Wildlife Code, Chapter 81.
§65.191.Definitions.
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. All other words and terms shall have the meanings assigned in §65.3 of this title (relating to Statewide Hunting and Fishing Proclamation).
(1) - (24) (No change.)
(25) Mentored Hunting Permit--A permit authorizing access to public hunting lands for the purpose of attending a department-sponsored workshop, including participation in a designated hunting opportunity subsequent to the workshop.
(26) [(25)] Motor vehicle--As
defined by Transportation Code, Chapter 541.
(27) [(26)] Off-road vehicle--An
ATV, a utility vehicle, a vehicle that may not lawfully be operated
on a public roadway, or any vehicle that is manufactured or adapted
for off-road use.
(28) [(27)] On-site registration--The
requirement for public users to register at designated places upon
entry to and exit from specified public hunting lands, but does not
constitute a permit.
(29) [(28)] Permit--Documentation
authorizing specified access and public use privileges on public hunting lands.
(30) [(29)] Predatory animals--Coyotes and bobcats.
(31) [(30)] Preference point
system--A method of special permit distribution in which the probability
of selection is progressively enhanced by prior unsuccessful applications
within a given hunt category by individuals or groups.
(32) [(31)] Public hunting area--A
portion of public hunting lands designated as being open to the activity
of hunting, and may include all or only a portion of a certain unit
of public hunting land.
(33) [(32)] Public hunting compartment--A
defined portion of a public hunting area to which hunters are assigned
and authorized to perform public hunting activity.
(34) [(33)] Public hunting lands--Lands
identified in §65.190 of this title (relating to Application)
or by order of the executive director on which provisions of this
subchapter apply.
(35) [(34)] Recreational use--Any
use or activity other than hunting or fishing.
(36) [(35)] Regular Permit--A
permit issued on a first-come-first-served basis, on-site, at the
time of the hunt that allows the taking of designated species of wildlife
on the issuing area.
(37) [(36)] Restricted area--All
or portions of public hunting lands identified by boundary signs as
being closed to public entry or use.
(38) [(37)] Sanctuary--All or
a portion of public hunting lands identified by boundary sign as being
closed to the hunting of specified wildlife resources.
(39) [(38)] Slug--A metallic
object designed for being fired as a single projectile by discharge
of a shotgun.
(40) [(39)] Special Access Permit--A
permit, issued pursuant to a selection procedure, that allows access
to a specified unit of the state park system at a specified time.
(41) [(40)] Special Permit--A
permit, issued pursuant to a selection procedure, which allows the
taking of designated species of wildlife.
(42) [(41)] Special package
hunt--A public hunt conducted for promotional or fund raising purposes
and offering the selected applicant(s) a high quality experience with
enhanced provisions for food, lodging, transportation, and guide services.
(43) [(42)] Tagging fee--A fee
which may be assessed in addition to the special permit fee for the
harvest of alligators for commercial sale or prior to the attempted
harvest of desert bighorn sheep or designated exotic mammals.
(44) [(43)] Wildlife management
area (WMA)--A unit of public hunting lands which is intensively managed
for the conservation, enhancement, and public use of wildlife resources
and supporting habitats.
(45) [(44)] Wildlife resources--Game
animals, game birds, furbearing animals, alligators, marine mammals,
frogs, fish, crayfish, other aquatic life, exotic animals, predatory
animals, rabbits and hares, and other wild fauna.
(46) [(45)] Wounded exotic mammal--An
exotic mammal leaving a blood trail.
(47) [(46)] Youth--A person
less than 17 years of age.
§65.193.Access Permit Required and Fees.
(a) - (e) (No change.)
(f) Mentored Hunting Permit - Permits issued under this subsection shall be available on a first-come, first-served basis for use on designated units of public hunting lands at designated times. A person may participate in a designated hunt under a mentored hunting permit only if the person has completed the mandatory mentored hunter workshop and has been authorized by the department to participate in hunt activities. A person who participates in a mentored hunt under a mentored hunting permit must be accompanied by a designated mentor.
(g) [(f)] Permits for hunting
wildlife resources on public hunting lands shall be issued by the
department to applicants by means of a fair method of distribution
subject to limitations on the maximum number of permits to be issued.
(h) [(g)] The department may
implement a system of issuing special permits or special access permits
that gives preference to those applicants who have applied previously
but were not selected to receive a permit.
(i) [(h)] Application fees.
(1) The department may charge a non-refundable fee, which may be required to accompany and validate an individual's application in a drawing for a special hunting permit or special access permit.
(2) The application fee for a special hunting permit or special access permit is waived for a person under 17 years of age; however, the youth must apply in conjunction with an authorized supervising adult to whom an application fee is assessed, except as provided in paragraphs (3) and (4) of this subsection.
(3) The application fee for a special permit or special access permit is waived for an adult who is making application to serve as a non-hunting authorized supervising adult for a youth in a youth-only drawn hunt category.
(4) Persons under 17 years of age may be disqualified from applying for special package hunts or may be assessed the application fee.
(5) The application fee for a special permit or special access permit is waived for on-site applications made under standby procedures at the time of a hunt.
(6) Incomplete or incorrectly completed applications will be disqualified.
(j) [(i)] Legal animals to be
taken by special or regular permit shall be stipulated on the permit.
(k) [(j)] Only one special,
special access, or regular permit fee will be assessed in the event
of concurrent hunts for multiple species, and the fee for the legal
species having the most expensive permit will prevail.
(l) [(k)] Any applicable special,
special access, or regular permit fees will be waived for youth under
the supervision of a duly permitted authorized supervising adult.
(m) [(l)] Any applicable regular
permit fees will be waived for persons possessing an APH permit.
(n) [(m)] Certain hunts may
be conducted totally or in part by regular permit. It is an offense
to fail to comply with established permit requirements specifying
whether a regular permit is required of all participants or required
only of adult participants who do not possess an APH permit.
(o) [(n)] Any applicable regular
permit fees for authorized activities other than hunting or fishing
will be waived for persons possessing an APH permit or an LPU permit.
(p) [(o)] An access permit applies
only to the individual to whom the permit is issued, and neither the
permit nor the rights granted thereunder are transferable to another person.
(q) [(p)] A person who fails
to obey the conditions of a permit issued under this subchapter commits
an offense.
§65.194.Competitive Hunting Dog Event (Field Trials) and Fees.
The department may authorize field trials on public hunting lands. All activities conducted pursuant to this section shall be subject to the provisions of this subchapter, except as specifically provided in this section.
(1) (No change.)
(2) An application for a Field Trial Permit shall be submitted at least 90 days in advance of the proposed event to the Wildlife Division regional director in whose region the proposed event would take place. The application shall include, at a minimum:
(A) - (E) (No change.)
(F) the fee for the field trial permit as assessed
according to the number of participating dog handlers and officials
as specified by Chapter 53, Subchapter A of this title, (relating
to [License, Permit, and Boat and Motor] Fees).
(G) - (H) (No change.)
(3) - (4) (No change.)
(5) The field trial permit shall be present and available on-site during all field trial activities. The permittee shall, prior to commencing any competition, attach to the permit an accurate list containing the names and social security numbers of all dog handlers and officials who at any time participate in the event , and the names and social security numbers of all spectators . The aggregate number of participants named on the list shall not exceed the number of participants authorized by the field trial permit. The list shall be sent to the regional director no later than ten days following the conclusion of the event.
(6) All persons named on the list as officials, [or
] dog handlers, or spectators shall, during the
event, be exempt from the access permit requirements of this subchapter.
[All other persons attending the event shall be subject to the
provisions of this subchapter relative to requirement of an access
permit.]
(7) - (9) (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 April 4, 2008.
TRD-200801768
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Earliest possible date of adoption: May 18, 2008
For further information, please call: (512) 389-4775