Part 2.
TEXAS PARKS AND WILDLIFE DEPARTMENT
Chapter 57.
FISHERIES
Subchapter K. SCIENTIFIC AREAS
31 TAC §57.920, §57.921
The Texas Parks and Wildlife Commission adopts new §57.920
and §57.921, concerning state scientific areas, without changes to the
proposed text as published in the April 28, 2000, issue of the
Texas Register
(25 TexReg 3697). The rules implement measures to protect
and preserve seagrass resources that have been threatened by increasing boat
traffic and attendant propeller scarring. Further, creation of the Nine-Mile
Hole State Scientific area provides a means of protecting fishery resources
and providing a controlled scientific study area for determining the effects
of boat traffic on fish species.
Submerged seagrass meadows are a dominant, unique subtropical habitat in
many Texas bays and estuaries. These highly evolved marine flowering plants
play critical roles in the coastal environment, including nursery habitat
for estuarine fisheries, as a major source of organic biomass for coastal
food webs, effective agents for stabilizing coastal erosion and sedimentation,
and major biological agents in nutrient cycling and water quality processes.
Recent studies show that seagrasses are sensitive to nutrient enrichment and
water quality problems, as well as physical stress from human disturbances.
As a result, many Texas scientists, resource managers and environmentally
aware citizens have concerns about the ecosystem health of these seagrass
resources.
In January 1999, Texas Parks and Wildlife (TPW), Texas General Land Office
and the Texas Natural Resource Conservation Commission published The Seagrass
Conservation Plan for Texas. That document and the sources it cites form part
of the factual basis for this rule adoption. Copies of the Seagrass Conservation
Plan for Texas my be obtained from TPW by contacting Dr. Bill Harvey, (412)
389-4642, or email bill.harvey@tpwd.state.tx.us.
An outgrowth of the "Symposium on Texas Seagrasses" which took place in
November 1996 in Corpus Christi, Texas the Plan identified several man-induced
threats to Texas' seagrasses:
"Anthropogenic disturbances include a variety of activities that impact
seagrass habitats. The frequency of all anthropogenic activities increases
with increasing human populations and use of the ecosystem. The activities
are a direct result of marine transportation, commercial fishing, recreational
boating, and agricultural practices (p 34-35)."
Each of the three agencies targeted critical issues for immediate action.
TPW focus is on these initiatives: Coastwide efforts to determine status and
trends of seagrass beds and species distribution on a regular basis; Maintenance
of a central seagrass library and database developed by the resource agencies
and research institutions; Public education and outreach activities to help
protect seagrasses from human disturbance.
In fulfilling this charge, TPW staff identified the first coastal areas
that will require active boater education, seagrass restoration and protection.
Redfish Bay (located in Aransas, San Patricio and Nueces Counties) is a true
jewel of the Texas Coast. However, the excellent fishing, ease of access and
attendant increases in boat traffic characteristic of this area have led to
a significant fragmentation of seagrass resources and threaten the ecological
integrity of this system. Further, user-conflicts between traditional and
recently evolved fishing strategies have begun to rapidly escalate.
A second site, located south of Baffin Bay in an area called the "Nine-mile
Hole," was selected as a pilot site to determine the effects of boat traffic
on fishing experience. Although seagrass fragmentation and loss are not significant
in this expansive, shallow, off-channel depression the Nine-Mile Hole provides
an opportunity for assessing strategies for reducing user-conflicts and providing
quality fishing experiences.
TPW staff and the Seagrass Conservation Task Force found that protection
of seagrass resources would require redirection of boat traffic around extant
seagrass meadows. Propeller scarring of seagrasses has been and will continue
to be a significant direct cause of seagrass meadow fragmentation and loss
if boaters continue to cross these shallow areas in propeller driven vessels.
The agency believes that redirecting boat traffic around seagrass meadows
and education of boaters as to the fragile nature of these resources will
allow continued boating access in Redfish Bay and the Nine-Mile Hole while
conserving and protecting existing marine ecosystems. Establishing State Scientific
Areas allows the Parks and Wildlife Commission to establish rules redirecting
boat traffic and prevents removal and destruction of signage placed by the
Department for the purposes of boater education.
Further, establishment of a State Scientific Area in the Nine-Mile Hole
sets the stage for research regarding the effects of boat traffic on fish
distribution. Although anecdotal information concerning those effects are
in evidence, there exists little scientific data describing the relationship
between fish distribution, behavior and movement in the presence of significantly
reduced boat traffic.
The adopted new sections establish, for a period not to exceed five years
from the time of adoption, two state scientific areas for the purposes of
education, scientific research, and preservation of flora and fauna of scientific
or educational value. The rules concerning the Nine-Mile Hole establish a
mandatory no-run zone, and the rules prohibit removal of signs from both scientific
areas.
Organizations speaking in favor of the proposals as published included:
Coastal Conservation Association; Coastal Bend Guides Association; Coastal
Bend Bays Foundation; Coastal Bend Bays and Estuaries Program; Environmental
Defense; Lone Star Chapter of the Sierra Club and the Federation of Fly Fishers.
Organizations in support of the Redfish Bay State Scientific Area were the
Aransas County Commissioners Court and the Rockport Chamber of Commerce.
Organizations speaking in opposition to the proposals were the Recreational
Fishing Alliance and the National Marine Manufacturers Association.
The department received 92 cards, letters, email communications and telephone
calls regarding these proposals. The Department received one letter in support
and three letters in opposition to the Redfish Bay State Scientific Area.
The Department received 68 letters in favor of the Nine-Mile Hole State Scientific
Area. The Department received three letters supporting seasonal (May 1 through
September 30) rather than year-round closure of the Nine-Mile Hole to airboat,
jet- boat and propeller-driven boat traffic. The Department received 21 letters
in opposition to the Nine-Mile Hole proposal.
Those in opposition to the Redfish Bay State Scientific Area opposed the
proposed voluntary "prop-up" areas as being unnecessary. The Department disagrees
with these comments as current research results of long-term monitoring of
seagrass meadows in Redfish Bay clearly demonstrate the ongoing and increasing
damage to these resources caused by propeller traffic.
The Department disagrees with the proposal for a seasonal closure (May
1 - September 30) for the Nine-Mile Hole because there was no support from
any organization and very little support from individuals. Further, a seasonal
restriction could possible negate any meaningful scientific studies directed
to assess fish distributions in the Nine-Mile Hole. TPW intends to study the
effects of closure during all seasons.
Those in opposition to the Nine-Mile Hole State Scientific Area proposal
stated that restriction of boat traffic in this area was not necessary and
restricted access to these areas. The Department agrees that means of accessing
the Nine-Mile Hole will be affected, however, all boaters can still access
this area. Access lanes around the closed area are provided and boaters would
still be allowed to access these areas by poling, wading, drifting, paddling
or use of a trolling motor. The Department disagrees with the comments suggesting
that restricting boat traffic in the Nine-Mile Hole is unnecessary. Future
research activities to measure effects of boat traffic on fish distribution
and seagrass growth would be rendered ineffective in the presence of boat
traffic.
The new sections are adopted under Parks and Wildlife Code, Chapter
13, Subchapter B that authorizes the Commission to adopt rules governing activities
in state scientific areas and Parks and Wildlife Code, §§81.501-81.502
that authorizes the Commission to create state scientific areas. The purposes
of state scientific areas are education, scientific research, and preservation
of flora and fauna of scientific or educational value. To the extent necessary
to carry out the purposes of that subchapter, the Department may make and
publish all rules and regulations necessary for the management and protection
of scientific areas.
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 August 11, 2000.
TRD-200005587
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: August 31, 2000
Proposal publication date: April 28, 2000
For further information, please call: (512) 389-4775
Subchapter E. GUIDELINES FOR ADMINISTRATION OF TEXAS LOCAL PARKS, RECREATION, AND OPEN SPACE FUND PROGRAM
The Texas Parks and Wildlife Commission adopts the repeal of §§61.132
- 61.139 and new §§61.132 - 61.135, concerning Guidelines for Administration
of the Local Parks, Recreation, and Open Space Fund Program, without changes
to the proposed text as published in the March 3, 2000, issue of the
The repeals and new sections are necessary to implement the provisions
of House Bill 2108, enacted by the 76th Texas Legislature, which increased
the scope of the program and therefore requires changes to both the Texas
Recreation and Parks Account Grant Manual (which is adopted by reference)
and the scoring criteria used to evaluate candidate projects for possible
funding.
The repeals and new sections will function by: adopting by reference the
Texas Recreation and Parks Account Grant Manual, which provides communities
with a comprehensive explanation of the program and instructions and requirements
for participation; and by establishing the purpose, priorities, standards,
and scoring systems for grant awards for outdoor, indoor, and outreach projects
submitted by communities.
The department received no comments concerning adoption of the proposed
rules.
31 TAC §§61.132 - 61.139
The repeals are adopted under Parks and Wildlife Code, Chapter
24, which requires the department to adopt regulations for grant assistance.
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 August 11, 2000.
TRD-200005650
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: August 31, 2000
Proposal publication date: March 3, 2000
For further information, please call: (512) 389-4775
31 TAC §§61.132 - 61.135
The new rules are adopted under Parks and Wildlife Code, Chapter
24, which requires the department to adopt regulations for grant assistance.
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 August 11, 2000.
TRD-200005651
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: August 31, 2000
Proposal publication date: March 3, 2000
For further information, please call: (512) 389-4775
Subchapter K. MIGRATORY GAME BIRD PROCLAMATION
31 TAC §65.315, §65.319
The Texas Parks and Wildlife Commission adopts amendments
to §65.315 and §65.319, concerning early-season provisions of the
Migratory Game Bird Proclamation. Section 65.315, concerning Open Seasons
and Bag and Possession Limits For Early Season Species, is adopted with changes
to the proposed text as published in the April 28, 2000, issue of the
The amendment to §65.315, concerning Open Seasons and Bag and Possession
Limits - Early Season Species, is necessary to adjust the season dates for
early-season species of migratory game birds (with the exception of teal)
to account for calendar-shift. The amendment to §65.319, concerning Extended
Falconry Season--Early Season Species, is necessary to adjust season dates
for the take of early-season species of migratory game birds by means of falconry.
Section 65.315 will function by establishing the dates for the lawful hunting
of early-season species of migratory game birds, and by establishing the bag
and possession limits for those species. Section 65.319 will function by establishing
the dates for the lawful hunting of early-season species of migratory game
birds by means of falconry, and by establishing the bag and possession limits
for those species when taken by means of falconry.
The department received 68 comments concerning adoption of the rules. Two
persons opposed adoption of a September 15 opening date for teal, one because
the season length would conflict with archery season, and the other because
an earlier opener would provide three full weekends of hunting opportunity.
The department disagrees with the comments and responds that migration chronology
and harvest data indicate that more opportune situations for teal hinting
exist later in the month rather than earlier. No changes were made as a result
of the comments. One commenter opposed the opening of teal season on a Friday
rather than a Saturday, because opening day is the best hunting day and most
people have jobs and children, precluding participation. The department, while
sympathetic, disagrees with the comment and responds that an ample supply
of the resource is available after opening day. No charges were made as a
result of the comment. One commenter opposed the early closure of snipe season
engendered by the special light-goose conservation season. The department,
while sympathetic, disagrees with the comment and responds that under the
provisions of federal law, the department must close all open seasons for
migratory birds before opening the conservation season. No changes were made
as a result of the comment. One commenter opposed adoption of the rules because
they contain no prohibition against pigeon shoots and do not require participants
to eat the birds they kill. The department disagrees with the commenter and
responds that the regulations affect only red-billed and band-tailed pigeons,
neither of which may be hunted. Similarly, only game species are required
to be maintained in edible condition. No changes were made as a result of
the comments. The department received 60 comments in favor of adoption of
the proposed rules. The Texas Wildlife Association commented in favor of adoption
of the proposed rules.
The amendments are adopted under Parks and Wildlife Code, Chapter
64, which authorizes the Commission and the Executive Director to provide
the open season and means, methods, and devices for the hunting and possessing
of migratory game birds. The amendments affect Parks and Wildlife Code, Chapter
64.
§65.315. Open Seasons and Bag and Possession Limits - Early Season.
(a)
Rails.
(1)
Dates: September 15-30, 2000 and October 28 - December
20, 2000.
(2)
Daily bag and possession limits:
(A)
king and clapper rails: 15 in the aggregate per day; 30
in the aggregate in possession.
(B)
sora and Virginia rails: 25 in the aggregate per day; 25
in the aggregate in possession.
(b)
Dove seasons.
(1)
North Zone.
(A)
Dates: September 1 - October 30, 2000.
(B)
Daily bag limit: 15 mourning doves, white-winged doves,
and white-tipped (white-fronted) doves in the aggregate, including no more
than two white-tipped doves per day;
(C)
Possession limit: 30 mourning doves, white-winged doves,
and white-tipped doves in the aggregate, including no more than four white-tipped
doves in possession.
(2)
Central Zone.
(A)
Dates: September 1-October 17, 2000, and December 26, 2000-
January 7, 2001.
(B)
Daily bag limit: 15 mourning doves, white-winged doves,
and white-tipped (white-fronted) doves in the aggregate, including no more
than two white-tipped doves per day;
(C)
Possession limit: 30 mourning doves, white-winged doves,
and white-tipped doves in the aggregate, including no more than four white-tipped
doves in possession.
(3)
South Zone.
(A)
Dates: Except in the special white-winged dove area as
defined in §65.314 of this title (relating to Zones and Boundaries for
Early Season Species), September 22 - November 5, 2000, and December 26, 2000-
January 9, 2001. In the special white-winged dove area, the mourning dove
season is September 22 - November 5, 2000, and December 26, 2000-January 5,
2001.
(B)
Daily bag limit: 15 mourning doves, white-winged doves,
and white-tipped (white-fronted) doves in the aggregate, including no more
than two white-tipped doves per day;
(C)
Possession limit: 30 mourning doves, white-winged doves,
and white-tipped doves in the aggregate, including no more than four white-tipped
doves in possession.
(4)
Special white-winged dove area.
(A)
Dates: September 2, 3, 9, and 10, 2000.
(B)
Daily bag limit: 10 white-winged doves, mourning doves,
and white-tipped (white-fronted) doves, in the aggregate to include no more
than five mourning doves and two white-tipped doves per day;
(C)
Possession limit: 20 white-winged doves, mourning doves,
and white-tipped doves in the aggregate to include no more than 10 mourning
doves and four white-tipped doves in possession.
(c)
Gallinules.
(1)
Dates: September 15-30, 2000, and October 28-December 20,
2000.
(2)
Daily bag and possession limits: 15 in the aggregate per
day; 30 in the aggregate in possession.
(d)
September teal-only season.
(1)
Dates: September 15-30, 2000.
(2)
Daily bag and possession limits: four in the aggregate
per day; eight in the aggregate in possession.
(e)
Red-billed pigeons, and band-tailed pigeons. No open season.
(f)
Shorebirds. No open season.
(g)
Sandhill cranes. A free permit is required of any person
to hunt sandhill cranes in areas where an open season is provided under this
proclamation. Permits will be issued on an impartial basis with no limitation
on the number of permits that may be issued. The daily bag limit is three.
The possession limit is six.
(1)
Zone A: November 11, 2000- February 11, 2001.
(2)
Zone B: December 2, 2000- February 11, 2001.
(3)
Zone C: December 30 -February 4, 2001.
(h)
Woodcock: December 18, 2000- January 31, 2001. The daily
bag limit is three. The possession limit is six.
(i)
Common snipe (Wilson's snipe or jacksnipe): October 21,
2000-February 4, 2001. The daily bag limit is eight. The possession limit
is 16.
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 August 11, 2000.
TRD-200005588
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: August 31, 2000
Proposal publication date: April 28, 2000
For further information, please call: (512) 389-4775
Chapter 517.
FINANCIAL ASSISTANCE
Subchapter B. COST-SHARE ASSISTANCE FOR BRUSH CONTROL
Chapter 61.
DESIGN AND CONSTRUCTION
Chapter 65.
WILDLIFE
Part 17.
TEXAS STATE SOIL AND WATER CONSERVATION BOARD