TITLE 31.NATURAL RESOURCES AND CONSERVATION

Part 2. TEXAS PARKS AND WILDLIFE DEPARTMENT

Chapter 53. FINANCE

Subchapter A. LICENSE FEES AND BOAT AND MOTOR FEES

31 TAC §53.1, §53.3

The Texas Parks and Wildlife Commission adopts amendments to §53.1 and §53.3, concerning fishing license fees and exemptions, and saltwater stamp fees, respectively, without changes to the proposed text as published in the April 28, 2000, issue of the Texas Register (25 TexReg 3695).

The amendment to §53.1 is necessary in order to enable Texas residents age 65 or over to fish under a Texas fishing license in other states that have entered into reciprocal agreements with Texas. The amendment to §53.3 is necessary to increase revenue for the department's commercial license buy-back program, which aims to reduce commercial fishing pressure on shrimp, crab, and finfish in order to manage and conserve those resources.

The amendment to §53.1 would function by allowing seniors from Louisiana and Oklahoma to fish in Texas without a non-resident license if these two states enter into an agreement to provide the same privilege to Texas seniors who are 65 years of age or older. The amendment to §53.3 would function by adding a temporary $3.00 surcharge to the saltwater sportfishing stamp fee.

The department received no comments concerning adoption of §53.1. The department received five comments opposing adoption of §53.3, all stating that recreational anglers should not bear any of the costs associated with the buy-back program. The department disagrees with the comments and responds that a reduction in commercial effort can only benefit the recreational fishery; therefore, recreational anglers will be contributing to the conservation of the resource they enjoy. No changes were made as a result of the comments.

The amendments are adopted under the authority of Parks and Wildlife Code, Chapter 41, which authorizes the commission to negotiate with other states to provide reciprocal hunting and fishing privileges; Chapter 43, Subchapter M, which authorizes the commission to set the fee for the saltwater sportfishing stamp; and Chapter 46, Subchapter A, which provides the commission with authority to waive or lower fishing license fees.

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 June 23, 2000.

TRD-200004412

Gene McCarty

Chief of Staff

Texas Parks and Wildlife Department

Effective date: July 13, 2000

Proposal publication date: April 28, 2000

For further information, please call: (512) 389-4775


31 TAC §53.2

The Texas Parks and Wildlife Commission adopts an amendment to §53.2, concerning Combination Hunting and Fishing Licenses, Packages, and Conservation Permits, with changes to the proposed text as published in the April 28, 2000, issue of the Texas Register (25 TexReg 3695). The amendment creates discounted combination (hunting and fishing privileges) and super-combination licenses (hunting and fishing privileges, plus stamps for turkey, white-winged dove, archery hunting, state waterfowl, muzzleloader hunting, saltwater sportfishing, and freshwater trout) for residents over the age of 65. The change sets the fee for a resident senior combination license at $10, and the fee for a resident senior super combination hunting and fishing license at $25.

The amendment is necessary to provide reduced rates for senior citizens, who currently are able to buy discounted hunting licenses and discounted fishing licenses, but for whom no discounted combination licenses exist.

The amendment will function by establishing a fee for combination licenses that are available only to residents 65 years of age or older.

The department received no comments concerning adoption of the proposed rule.

The amendment is adopted under Parks and Wildlife Code, §42.012, which provides the commission with authority to set a lower fee or waive the fee for a resident hunting license for a resident who is 65 years old or older; §46.004, which provides the commission with authority to set a lower fee or waive the fee for a resident fishing license for a resident who is 65 years old or over; and Chapter 50.001, which authorizes the commission to establish a combination hunting and fishing license for residents.

§53.2.Combination Hunting and Fishing Licenses, Packages, and Conservation Permits.

(a)

Combination hunting and fishing licenses. The following license fee amounts are effective for the license year beginning September 1, 2000, and thereafter:

(1)

resident combination hunting and fishing (type 100)-$32;

(2)

duplicate combination hunting and fishing (type 130)-$6.00;

(3)

lifetime resident combination hunting and fishing (type 990)-$1,000; and

(4)

resident senior combination (type )-$10.

(b)

Combination license packages. The following license fee amounts are effective for the license year beginning September 1, 2000, and thereafter:

(1)

resident super combination hunting and fishing (package includes combination hunting and fishing license plus the privileges associated with the following stamps: turkey, white-winged dove, archery hunting, state waterfowl, muzzleloader hunting, saltwater sportfishing, and freshwater trout) (type 111)-$49;

(2)

resident senior super combination hunting and fishing (package includes combination hunting and fishing license plus the privileges associated with the following stamps: turkey, white-winged dove, archery hunting, state waterfowl, muzzleloader hunting, saltwater sportfishing, and freshwater trout) (type 114)-$25; and

(3)

all purpose resident combination hunting and fishing (package includes combination hunting and fishing license; the privileges associated with the following stamps: turkey, white-winged dove, archery hunting, state waterfowl, muzzleloader hunting, saltwater sportfishing, and freshwater trout; conservation permit; and annual state park entrance permit) (type 500)-$100.

(c)

Conservation permits (type 392). The fee amount effective for the permit year beginning September 1, 1996, and thereafter is $25.

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 June 23, 2000.

TRD-200004413

Gene McCarty

Chief of Staff

Texas Parks and Wildlife Department

Effective date: July 13, 2000

Proposal publication date: April 28, 2000

For further information, please call: (512) 389-4775


31 TAC §53.6

The Texas Parks and Wildlife Commission adopts an amendment to §53.6, concerning Commercial Fishing Licenses and Tags, with changes to the proposed text as published in the March 3, 2000, issue of the Texas Register (25 TexReg 1831). The change to subsection (c)(2)(E) corrects a nonsubstantive and unintentional omission of the fee for a resident commercial mussel and clam fisherman's license in the proposed text.

Responsibility for establishing provisions enabling a commercial finfish fishery license limitation program, including creation of a commercial finfish fishing license, is delegated to the Texas Parks and Wildlife Commission by passage of Senate Bill 1303 by the 76th Legislature.

The amendment establishes license fees, license transfer fees, and duplicate license fees for resident and non-resident commercial finfish fisherman's licenses.

Three persons disagreed with the cost of the new commercial finfish fisherman's license, stating that it was too expensive. The agency disagrees with the comments and responds that the fee is the lowest permissible fee authorized by the legislature. No changes were made as a result of the comments.

The amendment is adopted under Parks and Wildlife Code, Chapter 47, which delegates the Texas Parks and Wildlife Commission the authority to establish provisions enabling a commercial finfish fishery license limitation program, including creation of commercial finfish fishing licenses.

§53.6.Commercial Fishing Licenses and Tags.

(a)

Shrimping licenses. The following license fee amounts are effective for the license year beginning September 1, 1996, and thereafter:

(1)

Licenses:

(A)

resident commercial gulf shrimp boat (type 330)--$275;

(B)

resident commercial bay shrimp boat (type 336)--$195;

(C)

resident commercial bait-shrimp boat (type 337)--$195;

(D)

resident commercial shrimp boat captain's (type 333)--$25;

(E)

nonresident commercial gulf shrimp boat (type 430)--$1,025;

(F)

nonresident commercial bay shrimp boat (type 436)--$525;

(G)

nonresident commercial bait-shrimp boat (type 437)--$525; and

(H)

nonresident commercial shrimp boat captain's (type 433)--$100.

(2)

License transfers:

(A)

resident commercial gulf shrimp boat license transfer (type 383)--$5.00;

(B)

resident commercial bay shrimp boat license transfer (type 366)--$195;

(C)

resident commercial bait-shrimp boat license transfer (type 367)--$195;

(D)

nonresident commercial gulf shrimp boat license transfer (type 483)--$5.00;

(E)

nonresident commercial bay shrimp boat license transfer (type 466)--$195; and

(F)

nonresident commercial bait-shrimp boat license transfer (type 467)--$195.

(3)

Duplicate License plates:

(A)

resident commercial gulf shrimp boat (type 390)--$5.00;

(B)

resident commercial bay shrimp boat (type 396)--$5.00;

(C)

resident commercial bait-shrimp boat (type 397)--$5.00;

(D)

nonresident commercial gulf shrimp boat (type 490)--$5.00;

(E)

nonresident commercial bay shrimp boat (type 496)--$5.00; and

(F)

nonresident commercial bait-shrimp boat (type 497)--$5.00.

(b)

Oystering licenses. The following license fee amounts are effective for the license year beginning September 1, 1996, and thereafter.

(1)

Licenses:

(A)

resident commercial oyster boat (type 306)--$350;

(B)

resident sport oyster boat (type 328)--$10;

(C)

resident commercial oyster captain's (type 309)--$25;

(D)

resident commercial oyster fisherman's (type 370)--$100;

(E)

nonresident commercial oyster boat (type 406)--$1,400;

(F)

nonresident sport oyster boat (type 428)--$10;

(G)

nonresident commercial oyster boat captain's (type 409)--$100; and

(H)

nonresident commercial oyster fisherman's (type 470)--$250.

(2)

License transfers:

(A)

resident commercial oyster boat transfer (type 386)--$5.00; and

(B)

nonresident commercial oyster boat transfer (type 486)--$5.00.

(3)

Duplicate License plates:

(A)

resident commercial oyster boat (type 395)--$5.00; and

(B)

nonresident commercial oyster boat (type 495)--$5.00.

(c)

General, finfish, menhaden, mussel, clam, and miscellaneous licenses.

(1)

Licenses. The following license fee amounts are effective for the license year beginning September 1, 1996:

(A)

resident commercial fishing boat (type 304)--$15;

(B)

commercial fishing boat (menhaden only) (type 325)--$3,500;

(C)

resident general commercial fisherman's (type 372)--$20;

(D)

resident commercial mussel and clam fisherman's (type 320)--$30;

(E)

resident shell buyer's (type 324)--$100;

(F)

nonresident commercial fishing boat (type 404)--$60;

(G)

nonresident general commercial fisherman's (type 340)--$150;

(H)

nonresident commercial mussel and clam fisherman's (type 420)--$800; and

(I)

nonresident shell buyer's (type 424)--$1,500.

(2)

Licenses and permits. The following license fee amounts are effective for the license year beginning September 1, 1997, and thereafter:

(A)

resident commercial fishing boat (type 304)--$15;

(B)

class A menhaden boat (type 325)--$3,500;

(C)

class B menhaden boat (type 329)--$50;

(D)

resident general commercial fisherman's (type 372)--$20;

(E)

resident commercial mussel and clam fisherman's (type 320) - $30;

(F)

resident shell buyer's (type 324)--$100;

(G)

nonresident commercial fishing boat (type 404)--$60;

(H)

nonresident general commercial fisherman's (type 340)--$150;

(I)

nonresident commercial mussel and clam fisherman's (type 420)--$800;

(J)

nonresident shell buyer's (type 424)--$1,500;

(K)

menhaden fish plant permit (type 326)--$150; and

(L)

mussel dredge fee (type 323)--$30.

(3)

License transfers. The following license transfer fee amounts are effective for the license year beginning September 1, 1996, and thereafter:

(A)

resident commercial fishing boat license transfer (type 384)--$5.00; and

(B)

nonresident commercial fishing boat license transfer (type 484)--$5.00.

(4)

Duplicate license plates. The following duplicate license plate fee amounts are effective for the license year beginning September 1, 1996, and thereafter:

(A)

resident commercial fishing boat (type 394)--$5.00; and

(B)

nonresident commercial fishing boat (type 494)--$5.00.

(d)

Crabbing licenses.

(1)

Licenses and permits. The following license fee amounts are effective for the license year beginning September 1, 1998, and thereafter:

(A)

resident commercial crab fisherman's (type 338)--$500; and

(B)

nonresident commercial crab fisherman's (type 438)--$2,000.

(2)

License transfers. The following license transfer fee amounts are effective for the license year beginning September 1, 1998, and thereafter:

(A)

resident commercial crab fisherman's (type 368)--$500; and

(B)

nonresident commercial crab fisherman's (type 468)--$2,000.

(3)

Duplicate license plates. The following duplicate license plate fee amounts are effective for the license year beginning September 1, 1998, and thereafter:

(A)

resident commercial crab fisherman's (type 338)--$5.00; and

(B)

nonresident commercial crab fisherman's (type 438)--$5.00.

(e)

Finfishing licenses.

(1)

Licenses and permits. The following license fee amounts are effective for the license year beginning September 1, 2000, and thereafter:

(A)

resident commercial finfish fisherman's (type 371)--$300; and

(B)

nonresident commercial finfish fisherman's (type 361)--$1,200.

(2)

License transfers. The following license transfer fee amounts are effective for the license year beginning September 1, 2000, and thereafter:

(A)

resident commercial finfish fisherman's (type 472)--$300; and

(B)

nonresident commercial finfish fisherman's (type 482)--$1,200.

(3)

Duplicate license plates. The following duplicate license plate fee amounts are effective for the license year beginning September 1, 2000, and thereafter:

(A)

resident commercial finfish fisherman's (type 471)--$5.00; and

(B)

nonresident commercial finfish fisherman's (type 481)--$5.00.

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 June 23, 2000.

TRD-200004414

Gene McCarty

Chief of Staff

Texas Parks and Wildlife Department

Effective date: July 13, 2000

Proposal publication date: March 3, 2000

For further information, please call: (512) 389-4775


Chapter 65. WILDLIFE

Subchapter A. STATEWIDE HUNTING AND FISHING PROCLAMATIONS

1. GENERAL PROVISIONS

31 TAC §65.11

The Texas Parks and Wildlife Commission adopts amendments to §§65.11, 65.42, 65.64, 65.72, and 65.78, concerning the Statewide Hunting and Fishing Proclamation. The amendments to §65.42 and §65.72 are adopted with changes to the proposed text as published in the March 3, 2000, issue of the Texas Register (25 TexReg 1840). The amendments to §§65.11, 65.64, and 65.78 are adopted without changes to the proposed text and will not be republished. The change to §65.42, concerning Deer, restores the requirement in subsection (b)(5)(G)(iii) that antlerless deer on National Forest lands in the affected counties be taken by permit only, and alters subsection (c)(3) to provide for a nine-day, rather than a 16-day, mule deer season in the counties listed in that paragraph, and the change to §65.72, concerning Fish, alters subsection (b)(2)(C)(i) to remove Lake Austin from special provisions applicable to largemouth bass, and alters subsection (c)(5)(K)(iii) to clarify that all other floats on sail lines besides the floats on either end must be yellow.

The rules in general are justified under the provisions of Parks and Wildlife Code, Chapter 61, which requires the department to provide open seasons for the hunting of game animals and game birds when its investigations and findings of fact reveal that open seasons may be safely provided, and further, requires the commission to specify the species, quantity, age or size, and sex of wildlife resources that may be taken or possessed; the means and methods by which wildlife resources may be taken, and the geographical locations where wildlife resources may be taken.

Specifically, the amendment to §65.11, concerning Lawful Means, is necessary to allow the use of lawful archery equipment and crossbows to take Eastern turkey, which the department has determined will not lead to depletion of the resource. The amendment to §65.42, concerning Deer, is justified because biological data indicate that: deer populations in Bandera, Bexar, Blanco, Burnet, Comal (west of Interstate 35), Crockett, Edwards, Gillespie, Hays (west of Interstate 35), Kendall, Kerr, Kimble, Kinney (north of U.S. Highway 90), Llano, Mason, McCulloch, Medina (north of U.S. Highway 90), Menard, Real, San Saba, Schleicher, Sutton, Travis (west of Interstate 35), Uvalde (north of U.S. Highway 90) and Val Verde (north of U.S. Highway 90; and that portion located both south of U.S. 90 and west of Spur 239) counties are able to sustain additional hunting pressure, both in terms of higher bag limits and an extended season; the current antlerless harvest in Cass, Marion, and Harrison counties (which is by permit only) is insufficient to control total population growth, necessitating additional days of either-sex hunting; habitat in Angelina, Chambers, Hardin, Jasper, Jefferson, Liberty, Montgomery, Newton, Orange, Polk, San Jacinto, Trinity, Tyler and Walker counties is at or near carrying capacity, necessitating an increase in antlerless and buck harvest to stabilize populations and improve sex ratios; a muzzleloader season in Angelina, Chambers, Hardin, Jasper, Jefferson, Liberty, Montgomery, Newton, Orange, Polk, and Tyler counties would provide additional hunting opportunity with a negligible effect on deer populations; and that mule deer populations in Andrews (west of U.S. Highway 385), Bailey, Cochran, Hockley, Lamb, Terry, and Yoakum counties would be able to withstand additional hunting pressure. The amendment is also necessary to create an antlerless permit for use on wildlife management areas jointly administered by the department and the U.S. Forest Service, and to eliminate a special provision in Henderson County. The amendment to §65.64, concerning Turkey, is necessary because the department's findings of fact have revealed that an open season for Easter turkey may be safely provided in the affected counties. The amendment to §65.72, concerning Fish, is necessary because biological data indicate that: increasing minimum length limits will increase angling quality for largemouth bass on Lake Jacksonville, Cleburne State Park Lake, Meridian State Park Lake, Buescher State Park Lake, and Town Lake; eliminating the length restriction on Guadalupe and spotted bass will allow some harvest but will not lead to depletion of the resource; a reduction in the bag limit for sharks will address concerns about over-harvest of the resource; and increases in size limits for billfish will be compatible with federal regulations, reduce angler confusion, and assist enforcement efforts.

The amendment to §65.11, concerning Lawful Means, will allow the use of lawful archery equipment and crossbows during open spring Eastern turkey seasons. The amendment to §65.42, concerning Deer will function by: implementing four 'doe days' in Cass, Marion, and Harrison counties; implementing 'doe days' through the Sunday following Thanksgiving and increases the buck limit in San Jacinto, Trinity, and Walker counties; rewording regulatory language governing antlerless harvest in counties currently having 23-day 'doe days' to permit either-sex harvest through the Sunday following Thanksgiving; eliminating a special provision in Henderson County; increasing the bag limit and creating a special late season in certain Hill Country counties; opening a muzzleloader-only open season in 11 Pineywoods counties while closing the muzzleloader season in those Hill Country counties where a special late season is proposed; extending the mule deer season to nine days in counties presently having a five-day season; and opening a nine-day mule deer season in Cochran County. The amendment to §65.64, concerning Turkey, opens a spring Eastern turkey season in eight additional counties in East Texas. The amendment to §65.72: eliminates the statewide minimum length restrictions for Guadalupe and spotted bass; increases the minimum length requirement for largemouth bass on Lakes Jacksonville, Cleburne State Park, and Meridian State Park from 14 inches to 18 inches; replaces the minimum length restrictions for largemouth bass on Town Lake and Buescher State Park Lake with a 14-21 inch slot limit and allows only one largemouth bass of greater than 21 inches to be retained; increases the minimum length restrictions for blue marlin, white marlin, and sailfish; decreases the bag limit and imposes a minimum length limit for sharks; establishes a commercial season for sharks concurrent with federal seasons; and defines marking requirements for, and establishes maximum numbers for commercial and recreational trotlines. The amendment to 65.78, concerning Crabs and Ghost Shrimp, defines marking requirements and establishes maximum numbers for crab traps used by commercial finfish fishermen.

The department received 1,669 comments concerning adoption of the proposed rules. Twenty-seven commenters opposed the proposed alteration of doe days in Angelina, Cass, Chambers, Hardin, Harrison, Jasper, Jefferson, Liberty, Marion, Montgomery, Newton, Orange, Polk, and Tyler counties on the basis that the deer herd in those counties could not withstand the additional hunting pressure. The department disagrees with the comments and responds that biological data indicate that the present antlerless harvest (which is by permit only) is insufficient to control total population growth. No changes were made as a result of the comments. The department received 272 comments in favor of the proposal.

The department received 13 comments opposed to the proposal to alter the doe days and increase the bag limit in San Jacinto, Walker, and Trinity counties, on the basis the deer herd in those counties could not withstand additional hunting pressure. The department disagrees with the comments and responds that biological data indicate that habitat in the affected counties is at or near carrying capacity; therefore, an increase in antlerless and buck harvest is necessary to stabilize populations and improve sex ratios. No changes were made as a result of the comments. The department received 120 comments in support of the proposal.

The department received 12 comments opposing the proposal to implement a muzzleloader-only season for white-tailed deer in East Texas on the basis that the deer herd in the affected counties would be unable withstand additional pressure. The department disagrees with the comments and responds that biological data from counties currently enjoying a muzzleloader season indicate that a muzzleloader season would provide additional hunting opportunity with a negligible effect on deer populations. No changes were made as a result of the comments. The department received 119 comments in support of the proposal.

The department received 28 comments opposed to the proposal to include additional habitat criteria to the requirements for wildlife management plans and create an intermediate Managed Lands Deer permit. The department agrees, in part, with the comments, and as a result will solicit additional public input on the issue before taking final action. The department received 95 comments in support of the proposal.

The department received 39 comments opposed to the proposal to increase the bag limit for white-tailed deer and implement a special late season in certain Hill Country counties on the basis that the deer herd in the affected counties would not be able to withstand additional hunting pressure and because antlerless and spike deer should be removed prior to the general season. The department disagrees with the comments and responds that the proposal would provide additional hunting opportunity, offer landowners an increased ability to control populations, and would not negatively impact deer populations. The department further responds that the removal of antlerless and spike bucks following the general season is the same thing as removing them before the next general season. No changes were made as a result of the comments. The department received 152 comments in favor of the proposal.

The department received 11 comments opposed to the proposal to allow all lawful means for the take of wildlife resources in a portion of Henderson County, on the basis that public safety would be at risk. The department disagrees with the comments and responds that the Park and Wildlife Code does not authorize limitations on means and methods for the purposes of public safety, and that the existing regulation was not supported by statutory authority. No changes were made as a result of the comments. The department received 104 comments in support of the proposal.

The department received 17 comments opposed to opening a 16-day mule deer season in Cochran County and lengthening the existing mule deer season to 16 days in Andrews (west of U.S. Highway 385), Bailey, Hockley, Lamb, Terry, and Yoakum counties, on the basis that the deer herd in the affected counties could not withstand additional hunting pressure, and that poaching would increase. The department disagrees with the comments concerning hunting pressure and responds that biological data indicate that mule deer populations within the affected area would be able to withstand additional hunting pressure, especially given that antlerless harvest would be by permit only; however, because the intent of the amendment was simply to create hunting opportunity consistent with mule deer seasons elsewhere in the state, the department has reduced the season length to nine days to alleviate these concerns. With respect to the poaching issue, the department disagrees and responds that it is not aware of any data showing a correlation between unlawful activities and the absence or presence of an open season. The department received 112 comments in support of the proposal.

The department received 10 comments opposed to the proposal to open the season for Eastern turkey in additional counties, on the basis that the birds were not well enough established to be hunted. The department disagrees with the comments and responds that habitat continuity and the time elapsed since stocking operations were completed in the affected counties have created a suitable opportunity for the implementation of an open season under the same regulatory scheme as counties currently enjoying an open season. No changes were made as a result of the comments. The department received 121 comments in support of the proposal.

The department received two comments opposed to the implementation of the archery-only season for white-tailed deer if crossbows were not allowed. The department disagrees with the comments and responds that the inclusion of crossbows during the archery-only season can only be accomplished by an act of the legislature. No changes were made as a result of the comments.

The department received one comment opposing white-tailed deer bonus tags, on the basis that only the affluent benefit from them. The department disagrees with the comment and responds that bonus tags are available to the public at a fee the department regards as reasonable and affordable. No changes were made as a result of the comment.

The department received 12 comments opposed to the proposal to change the minimum length-limit for largemouth bass on Lake Jacksonville, Cleburne State Park Lake, and Meridian State Park Lake, on the basis of excessive regulation and the diminution of angling quality due to personal watercraft. The department disagrees with the comments and responds that the proposal is biologically sound with respect to increasing the quality of angling. With respect to personal watercraft, the department responds that it does not enjoy the statutory authority to establish regulations governing their use. No changes were made as a result of the comments. The department received 73 responses in favor of the proposal.

The department received 33 comments against the proposal to eliminate the minimum length-limit on spotted and Guadalupe bass, on the basis that populations should be protected by a minimum length-limit. The department disagrees with the comments and responds that the presence of a bag limit is sufficient to sustain viable populations. No changes were made as a result of the comments. The department received 64 comments in support of the proposal.

The department received 13 comments opposing the proposal to alter the bag and minimum-length restrictions and impose a slot limit for largemouth bass on Town Lake, Town Lake, and Buescher State Park Lake, on the basis that angling quality on the lakes is excellent. The department disagrees with the comments and responds that over-harvest is a threat in those locations; however, the proposed regulations for Town Lake will not be implemented until further monitoring is performed. The department received 65 comments in support of the proposal.

The department received 19 comments opposed to the proposal to implement a one-fish bag limit on sharks. The department disagrees with the comments and responds that overfishing of sharks continues to be a problem in the Gulf of Mexico, and that data for Texas waters reveal a downward trend in relative shark abundance since 1977, for all shark species combined. The proposed lower bag limit will increase spawning success and reduce fishing mortality on sharks while providing for economically and socially important components of the sport fishery, such as the headboat and shore-based fisheries. No changes were made as a result of the comments. The department received 52 comments in support of the proposal.

The department received 19 comments opposing the proposed increase in billfish size limits. The department disagrees with the comments and responds that the majority of billfish caught off Texas are caught in federal waters. The proposed size limit increases provide consistency with federal rules, increases spawning success, enhances law enforcement, and reduces angler confusion between federal and state rules. No changes were made as a result of the comments. The department received 54 comments in support of the proposal.

Texas Deer Association, Texas Trophy Hunters, and Texas Sportsman Association commented on the proposed regulations.

The amendments are adopted under the authority of Parks and Wildlife Code, Chapter 61, Uniform Wildlife Regulatory Act (Wildlife Conservation Act of 1983), which provide the commission with authority to establish wildlife resource regulations for this state.

Filed with the Office of the Secretary of State on June 23, 2000.

TRD-200004415

Gene McCarty

Chief of Staff

Texas Parks and Wildlife Department

Effective date: July 13, 2000

Proposal publication date: March 3, 2000

For further information, please call: (512) 389-4775


2. OPEN SEASONS AND BAG LIMITS - HUNTING PROVISIONS

31 TAC §65.42, §65.64

The amendments are adopted under Parks and Wildlife Code, Chapter 61, Uniform Wildlife Regulatory Act (Wildlife Conservation Act of 1983), which provides the Commission with authority to establish wildlife resource regulations for this state.

§65.42.Deer.

(a)

Except as provided in §65.27 of this title (relating to Antlerless and Spike-Buck Deer Control Permits) or subsection (b)(11) of this subsection, no person may exceed the annual bag limit of five white-tailed deer (no more than three bucks) and two mule deer (no more than one buck).

(b)

White-tailed deer. The open seasons and annual bag limits for white-tailed deer shall be as follows.

(1)

In Brewster, Brown, Coke, Coleman, Concho, Culberson, Glasscock, Howard, Irion, Jeff Davis, Mills, Mitchell, Nolan, Pecos, Presidio, Reagan, Reeves, Runnels, Sterling, Terrell, Tom Green, and Upton (that southeastern portion located both south of U.S. Highway 67 and east of State Highway 349) counties, there is a general open season.

(A)

Open season: first Saturday in November through the first Sunday in January.

(B)

Bag limit: four deer, no more than two bucks.

(2)

In Bandera, Bexar, Blanco, Burnet, Comal (west of Interstate 35), Crockett, Edwards, Gillespie, Hays (west of Interstate 35), Kendall, Kerr, Kimble, Kinney (north of U.S. Highway 90), Llano, Mason, McCulloch, Medina (north of U.S. Highway 90), Menard, Real, San Saba, Schleicher, Sutton, Travis (west of Interstate 35), Uvalde (north of U.S. Highway 90) and Val Verde (north of U.S. Highway 90; and that portion located both south of U.S. 90 and west of Spur 239) counties, there is a general open season.

(A)

Open season: first Saturday in November through the first Sunday in January.

(B)

Bag limit: five deer, no more than two bucks.

(C)

Special Late General Season. In the counties listed in this paragraph there is a special late general season for the take of antlerless and spike-buck deer only.

(i)

Open season: 14 consecutive days starting the first Monday following the first Sunday in January.

(ii)

Bag limit: five antlerless or spike-buck deer in the aggregate, no more than two of which may be spike bucks.

(3)

In Aransas, Atascosa, Bee, Calhoun, Cameron, Hidalgo, Live Oak, Nueces, Refugio, San Patricio, Starr, and Willacy counties, there is a general open season.

(A)

Open season: second Saturday in November through the third Sunday in January.

(B)

Bag limit: four deer, no more than two bucks.

(C)

Special Late General Season. In the counties listed in this paragraph there is a special late general season for the take of antlerless and spike-buck deer only.

(i)

Open season: 14 consecutive days starting the first Monday following the third Sunday in January.

(ii)

Bag limit:four antlerless or spike-buck deer in the aggregate, no more than two of which may be spike bucks.

(4)

In Brooks, Dimmit, Duval, Frio, Jim Hogg, Jim Wells, Kenedy, Kinney (south of U.S. Highway 90), Kleberg, LaSalle, Maverick, McMullen, Medina (south of U.S. Highway 90), Uvalde (south of U.S. Highway 90), Val Verde (that southeastern portion located both south of U.S. Highway 90 and east of Spur 239), Webb, Zapata, and Zavala counties, there is a general open season.

(A)

Open season: Second Saturday in November through the third Sunday in January.

(B)

Bag limit: five deer, no more than three bucks.

(C)

Special Late General Season. In the counties listed in this paragraph there is a special late general season for the take of antlerless and spike-buck deer only.

(i)

Open season: 14 consecutive days starting the first Monday following the third Sunday in January.

(ii)

Bag limit: five antlerless or spike-buck deer in the aggregate, no more than three of which may be spike bucks.)

(5)

No person may take or attempt to take more than one buck deer per license year from the counties, in the aggregate, listed within this paragraph, except as provided in subsection (a) of this section or authorized under the provisions of §65.26 of this title (relating to Managed Land Deer Permits).

(A)

In Archer, Baylor, Bell (west of Interstate 35), Bosque, Callahan, Clay, Comanche, Coryell, Eastland, Erath, Grayson, Hamilton, Hood, Jack, Lampasas, McLennan, Montague, Palo Pinto, Parker, Shackelford, Somervell, Stephens, Taylor, Throckmorton, Williamson (west of Interstate 35), Wise, and Young counties, there is a general open season.

(i)

Open season: first Saturday in November through the first Sunday in January.

(ii)

Bag limit: three deer, no more than one buck and no more than two antlerless.

(iii)

Special regulation. In Grayson County:

(I)

lawful means are restricted to lawful archery equipment and crossbows only; and

(II)

antlerless deer shall be taken by MLD permit only, except on the Hagerman National Wildlife Refuge.

(B)

In Brazoria, Fort Bend, Goliad (south of U.S. Highway 59), Harris, Jackson (south of U.S. Highway 59), Matagorda, Victoria (that portion of the county that is south of both U.S. Highway 59 and U.S. Business Highway 59), and Wharton (south of U.S. Highway 59) counties, there is a general open season.

(i)

Open season: first Saturday in November through the first Sunday in January.

(ii)

Bag limit: three deer, no more than one buck and no more than two antlerless.

(iii)

During the first 23 days of the general season, antlerless deer may be taken without antlerless deer permits unless MLD permits have been issued for the tract of land. If MLD permits have been issued, they must be attached to all antlerless deer harvested on the tract of land. After the first 23 days, antlerless deer may be taken only by MLD antlerless permits.

(C)

In Armstrong, Borden, Briscoe, Carson, Childress, Collingsworth, Cottle, Crosby, Dickens, Donley, Fisher, Floyd, Foard, Garza, Gray, Hall, Hansford, Hardeman, Haskell, Hemphill, Hutchinson, Jones, Kent, King, Knox, Lipscomb, Motley, Ochiltree, Randall, Roberts, Scurry, Stonewall, Swisher, Wheeler, Wichita, and Wilbarger counties, there is a general open season.

(i)

Open season: first Saturday in November through the first Sunday in January.

(ii)

Bag limit: three deer, no more than one buck and no more than two antlerless.

(iii)

During the first 16 days of the general season, antlerless deer may be taken without antlerless deer permits unless MLD permits have been issued for the tract of land. After the first 16 days, antlerless deer may be taken only by MLD antlerless permits.

(D)

In Cooke, Denton, Hill, Johnson, and Tarrant counties, there is a general open season.

(i)

Open season: first Saturday in November through the first Sunday in January.

(ii)

Bag limit: three deer, no more than one buck and no more than two antlerless.

(iii)

During the first nine days of the general season, antlerless deer may be taken without antlerless deer permits unless MLD permits have been issued for the tract of land. After the first nine days, antlerless deer may be taken only by MLD antlerless permits.

(E)

In Anderson, Bowie, Brazos, Burleson, Camp, Cherokee, Delta, Franklin, Freestone, Gregg, Grimes, Henderson, Hopkins, Houston, Lamar, Leon, Limestone, Madison, Morris, Navarro, Red River, Robertson, Rusk, Smith, Titus, Upshur, Van Zandt, and Wood counties, there is a general open season.

(i)

Open season: first Saturday in November through the first Sunday in January.

(ii)

Bag limit: three deer, no more than one buck and no more than two antlerless.

(iii)

Antlerless deer may be taken only by MLD antlerless permits or LAMPS permits.

(F)

In Dallam, Hartley, Moore, Oldham, Potter, and Sherman Counties, there is a general open season.

(i)

Open season: Saturday before Thanksgiving for 16 consecutive days.

(ii)

Bag limit: three deer, no more than one buck and no more than two antlerless.

(iii)

Antlerless deer may be taken only by MLD antlerless permits.

(G)

In Cass, Harrison, Marion, Nacogdoches, Panola, Sabine, San Augustine and Shelby Counties, there is a general open season.

(i)

Open season: first Saturday in November through the first Sunday in January.

(ii)

Bag limit: three deer, no more than one buck and no more than two antlerless.

(iii)

From Thanksgiving Day through the Sunday immediately following Thanksgiving Day, antlerless deer may be taken without antlerless deer permits unless MLD or LAMPS permits have been issued for the tract of land. If MLD or LAMPS permits have been issued, they must be attached to all antlerless deer harvested on the tract of land. From the first Saturday in November through the day before Thanksgiving Day, and from the Monday immediately following Thanksgiving Day through the first Sunday in January, antlerless deer may be taken only by MLD antlerless deer permits or LAMPS permits. On National Forest, Corps of Engineers, Sabine River Authority and Trinity River Authority lands, antlerless deer may be taken only by MLD antlerless permits. On the Bannister and Moore Plantation Wildlife Management Areas, antlerless deer may be taken by Wildlife Management Area antlerless permit only.

(H)

In Austin, Bastrop, Bell (east of Interstate 35), Caldwell, Colorado, Comal (east of Interstate 35), Crane, DeWitt, Ector, Ellis, Falls, Fannin, Fayette, Goliad (north of U.S. Highway 59), Gonzales, Guadalupe, Hays (east of Interstate 35), Hunt, Jackson (north of U.S. Highway 59), Karnes, Kaufman, Lavaca, Lee, Loving, Midland, Milam, Rains, Travis (east of Interstate 35), Upton (that portion located north of U.S. Highway 67; and that area located both south of U.S. Highway 67 and west of state highway 349), Victoria (that portion of the county that is north of both U.S. Highway 59 and U.S. Business Highway 59), Waller, Ward, Washington, Wharton (north of U.S. Highway 59), Williamson (east of Interstate 35), and Wilson counties, there is a general open season.

(i)

Open season: first Saturday in November through the first Sunday in January.

(ii)

Bag limit: three deer, no more than one buck and no more than two antlerless.

(iii)

Antlerless deer may be taken only by MLD antlerless permits.

(6)

In Angelina, Chambers, Hardin, Jasper, Jefferson, Liberty, Montgomery, Newton, Orange, Polk, San Jacinto, Trinity, Tyler, and Walker counties, there is a general open season.

(A)

Open season: first Saturday in November through the first Sunday in January.

(B)

Bag limit: four deer, no more than two bucks and no more than two antlerless.

(C)

From opening day through the Sunday immediately following Thanksgiving , antlerless deer may be taken without antlerless deer permits unless MLD or LAMPS permits have been issued for the tract of land. If MLD or LAMPS permits have been issued, they must be attached to all antlerless deer harvested on the tract of land. From the Monday following Thanksgiving, antlerless deer may be taken only by MLD antlerless permits or LAMPS permits. On tracts of land for which LAMPS permits have been issued, no LAMPS permit is required for the harvest of antlerless deer during the muzzleloader-only open season. On Corps of Engineers, Sabine River Authority and Trinity River Authority lands, antlerless deer may be taken only by MLD antlerless permits. On the Sam Houston, Alabama Creek, and Moore Plantation Wildlife Management Areas, antlerless deer may only be taken by Wildlife Management Area antlerless permit only.

(7)

In Andrews, Bailey, Castro, Cochran, Collin, Dallas, Dawson, Deaf Smith, El Paso, Gaines, Galveston, Hale, Hockley, Hudspeth, Lamb, Lubbock, Lynn, Martin, Parmer, Rockwall, Terry, Winkler, and Yoakum counties, there is no general open season.

(8)

Archery-only open seasons. In all counties where there is a general open season for white-tailed deer, there is an archery-only open season during which either sex of white-tailed deer may be taken as provided for in §65.11(2) and (3) of this title (relating to Means and Methods).

(A)

Open season: the Saturday closest to September 30 for 30 consecutive days.

(B)

Bag limit: the bag limit in any given county is as provided for that county during the general open season.

(9)

Muzzleloader-only open seasons, and bag and possession limits shall be as follows.

(A)

In Brewster, Brown, Coke, Coleman, Concho, Culberson, Glasscock, Howard, Irion, Jeff Davis, Mills, Mitchell, Nolan, Pecos, Presidio, Reagan, Reeves, Runnels, Sterling, Terrell, Tom Green, and Upton (that portion located both south of U.S. Highway 67 and east of state highway 349) counties, there is an open season during which only antlerless and spike-buck deer may be taken only with a muzzleloader.

(i)

Open Season: from the first Saturday following the closing of the general open season for nine consecutive days.

(ii)

Bag limit: four antlerless or spike-buck deer in the aggregate, no more than two spike bucks.

(B)

In Angelina, Chambers, Hardin, Jasper, Jefferson, Liberty, Montgomery, Newton, Orange, Polk, and Tyler counties, there is an open season during which only antlerless and spike-buck deer may be taken only with a muzzleloader.

(i)

Open Season: from the first Saturday following the closing of the general open season for nine consecutive days.

(ii)

Bag limit: four antlerless or spike-buck deer in the aggregate, no more than two spike bucks and no more than two antlerless.

(10)

Special Youth-Only Season. There shall be a special youth-only general hunting season in all counties where there is a general open season.

(A)

open season: the Saturday and Sunday immediately preceding the first Saturday in November.

(B)

bag limits, provisions for the take of antlerless deer, and special requirements:

(i)

as specified for the first two days of the general season in the individual counties in paragraphs (1)-(6) of this subsection, except as provided in item (ii) of this subparagraph; and

(ii)

in the counties listed in paragraph (5)(G) of this subsection, as specified for the period of time from Thanksgiving Day through the Sunday immediately following Thanksgiving Day.

(C)

Only licensed hunters 16 years of age or younger may hunt during the season established by this subsection.

(11)

Bonus tag.

(A)

A person in possession of a valid bonus deer tag may take one buck or antlerless white-tailed deer during an open white-tailed deer season in any county, irrespective of the county bag limit, provided that person also possesses one of the following:

(i)

an appropriate, valid MLD permit (buck or antlerless);

(ii)

a valid LAMPS permit (antlerless only); or

(iii)

an appropriate, valid Special Permit (buck or antlerless) issued by the department for a public hunt, in which case the bonus tag is valid only on the wildlife management area or state park specified by the permit and only during the date and time specified on the permit.

(B)

No person may:

(i)

purchase more than five bonus tags per license year;

(ii)

use a bonus tag on more than one animal; or

(iii)

buy, sell, or otherwise exchange a bonus tag for remuneration or considerations of any kind; however, a bonus tag may be given to another person.

(C)

A person who kills a deer shall immediately attach a properly executed bonus tag to the deer.

(c)

Mule deer. The open seasons and annual bag limits for mule deer shall be as follows.

(1)

In Armstrong, Borden, Briscoe, Carson, Childress, Coke, Collingsworth, Cottle, Crosby, Dallam, Deaf Smith, Dickens, Donley, Fisher, Floyd, Foard, Garza, Gray, Hall, Hardeman, Hartley, Hemphill, Hutchinson, Kent, King, Lipscomb, Moore, Motley, Ochiltree, Oldham, Potter, Randall, Roberts, Scurry, Stonewall, and Swisher counties, there is a general open season.

(A)

Open season: Saturday before Thanksgiving for 16 consecutive days.

(B)

Bag limit: two deer, no more than one buck.

(C)

Antlerless deer may be taken only by Antlerless Mule Deer or MLD Permits.

(2)

In Brewster, Crane, Crockett, Culberson, Ector, El Paso, Hudspeth, Jeff Davis, Loving, Midland, Pecos, Presidio, Reagan, Reeves, Terrell, Upton, Val Verde, Ward, and Winkler counties, there is a general open season.

(A)

Open season: last Saturday in November for 16 consecutive days.

(B)

Bag limit: two deer, no more than one buck.

(C)

Antlerless deer may be taken only by Antlerless Mule Deer or MLD Permits.

(3)

In Andrews (west of U.S. Highway 385), Bailey, Cochran, Hockley, Lamb, Terry, and Yoakum counties, there is a general open season.

(A)

Open season: Saturday before Thanksgiving for nine consecutive days.

(B)

Bag limit: two deer, no more than one buck.

(C)

Antlerless deer may be taken only by Antlerless Mule Deer or MLD Permits.

(4)

In all other counties, there is no general open season for mule deer.

(5)

Archery-only open seasons and bag and possession limits shall be as follows. During an archery-only open season, deer may be taken only as provided for in §65.11(2) and (3) of this title (relating to Means and Methods).

(A)

In Armstrong, Borden, Briscoe, Carson, Childress, Coke, Collingsworth, Cottle, Crane, Crockett, Crosby, Culberson, Dallam, Deaf Smith, Dickens, Donley, Ector, El Paso, Fisher, Floyd, Foard, Garza, Gray, Hall, Hardeman, Hartley, Hemphill, Hudspeth, Hutchinson, Jeff Davis, Kent, King, Lipscomb, Loving, Midland, Moore, Motley, Ochiltree, Oldham, Potter, Presidio, Randall, Reagan, Reeves, Roberts, Scurry, Stonewall, Swisher, Upton, Val Verde, Ward, and Winkler counties, there is an open season.

(i)

Open season: from the Saturday closest to September 30 for 30 consecutive days.

(ii)

Bag limit: one buck deer.

(B)

In Brewster, Pecos, and Terrell counties, there is an open season.

(i)

Open season: from the Saturday closest to September 30 for 30 consecutive days.

(ii)

Bag limit: two deer, no more than one buck.

(C)

In all other counties, there is no archery-only open season for mule deer.

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 June 23, 2000.

TRD-200004416

Gene McCarty

Chief of Staff

Texas Parks and Wildlife Department

Effective date: July 13, 2000

Proposal publication date: March 3, 2000

For further information, please call: (512) 389-4775


3. OPEN SEASON AND BAG LIMITS - FISHING PROVISIONS

31 TAC §65.72, §65.78

The amendments are adopted under Parks and Wildlife Code, Chapter 61, Uniform Wildlife Regulatory Act (Wildlife Conservation Act of 1983), which provides the Commission with authority to establish wildlife resource regulations for this state.

§65.72.Fish.

(a)

General rules.

(1)

There are no public waters closed to the taking and retaining of fish, except as provided in this subchapter.

(2)

Game fish may be taken only by pole and line, except as provided in this subchapter.

(3)

It is unlawful:

(A)

to take or attempt to take, or possess fish within a protected length limit, in greater numbers, by other means, or at any time or place, other than as permitted under this subchapter;

(B)

while fishing on or in public waters to have in possession fish in excess of the daily bag limit or fish within a protected length limit as established for those waters;

(C)

to use game fish or any part thereof as bait;

(D)

to possess a finfish of any species, except broadbill swordfish, shark or king mackerel, taken from public water that has the head or tail removed until such person finally lands the catch on the mainland, a peninsula, or barrier island not including jetties or piers and does not transport the catch by boat;

(E)

to use airboats or jet-driven devices to pursue and harass or harry fish; or

(F)

to release into the public waters of this state a fish with a device or substance implanted or attached that is designed, constructed or adapted to produce an audible, visual, or electronic signal used to monitor, track, follow, or in any manner aid in the location of the released fish.

(4)

Finfish tags: Prohibited Acts.

(A)

No person may purchase or use more finfish (red drum or tarpon) tags during a license year than the number and type authorized by the commission, excluding duplicate tags issued under Parks and Wildlife Code, §46.006.

(B)

It is unlawful to:

(i)

use the same finfish tag for the purpose of tagging more than one finfish;

(ii)

use a finfish tag in the name of another person;

(iii)

use a tag on a finfish for which another tag is specifically required;

(iv)

catch and retain a finfish required to be tagged and fail to immediately attach and secure a tag, with the day and month of catch cut out, to the finfish at the narrowest part of the finfish tail, just ahead of the tail fin;

(v)

have in possession both a Red Drum Tag and a Duplicate Red Drum Tag issued to the same license or salt water stamp holder;

(vi)

have in possession both a Red Drum Tag or a Duplicate Red Drum Tag and a Bonus Red Drum Tag issued to the same license or salt water stamp holder;

(vii)

have in possession both an Exempt Red Drum Tag and a Duplicate Exempt Red Drum Tag issued to the same license holder; or

(viii)

have in possession both an Exempt Red Drum Tag or a Duplicate Exempt Red Drum Tag and a Bonus Red Drum Tag issued to the same holder.

(5)

Commercial fishing seasons.

(A)

The commercial seasons for finfish species listed in this paragraph and caught in Texas waters shall run concurrently with commercial seasons established for the same species caught in federal waters of the Exclusive Economic Zone (EEZ).

(B)

The commercial fishing season in the EEZ will be set by the National Marine Fisheries Service for:

(i)

red snapper under guidelines established by the Fishery Management Plan for Reef Fish Resources for the Gulf of Mexico;

(ii)

king mackerel under guidelines established by the Fishery Management Plan for Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; and

(iii)

sharks (all species, their hybrids and subspecies) under guidelines established by the Fishery Management Plan for Highly Migratory Species).

(C)

When federal and/or state waters are closed, it will be unlawful to:

(i)

purchase, barter, trade or sell finfish species listed in this paragraph landed in this state;

(ii)

transfer at sea finfish species listed in this paragraph caught or possessed in the waters of this state; and

(iii)

possess finfish species listed in this paragraph in excess of the current recreational bag or possession limit in or on the waters of this state.

(6)

In Brewster, Crane, Crockett, Culberson, Ector, El Paso, Jeff Davis, Hudspeth, Loving, Pecos, Presidio, Reeves, Terrell, Upton, Val Verde, Ward, and Winkler counties, the only fishes that may be used or possessed for bait while fishing are common carp, fathead minnows, gizzard and threadfin shad, sunfish (Lepomis), goldfish, golden shiners, Mexican tetra, Rio Grande cichlid, and silversides (Atherinidae family).

(b)

Bag, possession, and length limits.

(1)

The possession limit does not apply to fish in the possession of or stored by a person who has an invoice or sales ticket showing the name and address of the seller, number of fish by species, date of the sale, and other information required on a sales ticket or invoice.

(2)

There are no bag, possession, or length limits on game or non-game fish, except as provided in these rules.

(A)

Possession limits are twice the daily bag limit on game and non-game fish except as provided in these rules.

(B)

Statewide daily bag and length limits shall be as follows:

Figure 1: 31 TAC §65.72(b)(2)(B)

(C)

Exceptions to statewide daily bag, possession, and length limits shall be as follows:

(i)

The following is a figure:

Figure 2: 31 TAC §65.72(b)(2)(C)(i)

(ii)

Bag and possession limits for black drum and sheepshead do not apply to the holder of a valid Commercial Finfish Fisherman's License.

(c)

Devices, means and methods.

(1)

In fresh water only, it is unlawful to fish with more than 100 hooks on all devices combined.

(2)

In community fishing lakes and in sections of rivers lying totally within the boundaries of state parks, game and non-game fish may be taken by pole and line only.

(3)

It is unlawful to take, attempt to take, or possess fish caught in public waters of this state by any device, means, or method other than as authorized in this subsection.

(4)

In salt water only, it is unlawful to fish with any device that is marked with a buoy made of a plastic bottle(s) of any color or size.

(5)

Device restrictions.

(A)

Cast net. It is unlawful to use a cast net exceeding 14 feet in diameter.

(i)

Only non-game fish may be taken with a cast net.

(ii)

In salt water, non-game fish may be taken for bait purposes only.

(B)

Dip net.

(i)

It is unlawful to use a dip net except:

(I)

to aid in the landing of fish caught on other legal devices; and

(II)

to take non-game fish.

(ii)

In salt water, non-game fish may be taken for bait purposes only.

(C)

Gaff.

(i)

It is unlawful to use a gaff except to aid in landing fish caught by other legal devices, means or methods.

(ii)

Fish landed with a gaff may not be below the minimum, above the maximum, or within a protected length limit.

(D)

Gig. Only non-game fish may be taken with a gig.

(E)

Jugline. For use in fresh water only. Non-game fish, channel catfish, blue catfish and flathead catfish may be taken with a jugline. It is unlawful to use a jugline:

(i)

with invalid gear tags. Gear tags must be attached within six inches of the free-floating device, are valid for 30 days after the date set out, and must include the number of the permit to sell non-game fish taken from freshwater, if applicable;

(ii)

for commercial purposes that is not marked with an orange free-floating device;

(iii)

for non-commercial purposes that is not marked with a white free-floating device;

(iv)

in Lake Bastrop in Bastrop County, Bellwood Lake in Smith County, Lake Bryan in Brazos County, Boerne City Park Lake in Kendall County, Dixieland Reservoir in Cameron County, Gibbons Creek Reservoir in Grimes County, and Tankersley Reservoir in Titus County.

(F)

Lawful archery equipment. Only non-game fish may be taken with lawful archery equipment or crossbow.

(G)

Minnow trap. For use in fresh water only.

(i)

Only non-game fish may be taken with a minnow trap.

(ii)

It is unlawful to use a minnow trap that exceeds 24 inches in length or with a throat larger than one by three inches.

(H)

Perch traps. For use in salt water only.

(i)

Perch traps may be used only for taking non-game fish.

(ii)

Perch traps may not exceed 18 cubic feet.

(iii)

Perch traps must be marked with floating visible orange buoy not less than six inches in height and six inches in width. The buoy must have a gear tag attached. Gear tags are valid for 30 days after date set out.

(I)

Pole and line.

(i)

Game and non-game fish may be taken by pole and line. It is unlawful to take or attempt to take fish with one or more hooks attached to a line or artificial lure used in a manner to foul-hook a fish (snagging or jerking). A fish is foul-hooked when caught by a hook in an area other than the fish's mouth.

(ii)

Game and nongame fish may be taken by pole and line. It is unlawful to take fish with a hand-operated device held underwater except that a spear gun and spear may be used to take nongame fish.

(iii)

Game and non-game fish may be taken by pole and line, except that in the Guadalupe River in Comal County from the second bridge crossing on River Road upstream to the easternmost bridge crossing on F.M. Road 306, rainbow and brown trout may not be retained when taken by any method except artificial lures. Artificial lures cannot contain or have attached either whole or portions, living or dead, of organisms such as fish, crayfish, insects (grubs, larvae, or adults), or worms, or any other animal or vegetable material, or synthetic scented materials. This does not prohibit the use of artificial lures that contain components of hair or feathers. It is an offense to possess rainbow and brown trout while fishing with any other device in that part of the Guadalupe River defined in this paragraph.

(J)

Purse seine (net).

(i)

Purse seines may be used only for taking menhaden, only from that portion of the Gulf of Mexico within the jurisdiction of this state extending from one-half mile offshore to nine nautical miles offshore, and only during the period of time beginning the third Monday in April through the first day in November each year.

(ii)

Purse seines used for taking menhaden may not be used within one mile of any jetty or pass.

(iii)

The purse seine, not including the bag, shall not be less than three-fourths inch square mesh.

(K)

Sail line. For use in salt water only.

(i)

Non-game fish, red drum, spotted seatrout, and sharks may be taken with a sail line.

(ii)

Line length shall not exceed 1,800 feet from the reel to the sail.

(iii)

The sail and most shoreward float must be a highly visible orange or red color. All other floats must be yellow.

(iv)

No float on the line may be more than 200 feet from the sail.

(v)

A weight of not less than one ounce shall be attached to the line not less than four feet or more than six feet shoreward of the last shoreward float.

(vi)

Reflectors of not less than two square inches shall be affixed to the sail and floats and shall be visible from all directions for sail lines operated from 30 minutes after sunset to 30 minutes before sunrise.

(vii)

There is no hook spacing requirement for sail lines.

(viii)

No more than one sail line may be used per fisherman.

(ix)

Sail lines may not be used by the holder of a commercial fishing license.

(x)

Sail lines must be attended at all times the line is fishing.

(xi)

Sail lines may not have more than 30 hooks and no hook may be placed more than 200 feet from the sail.

(L)

Seine.

(i)

Only non-game fish may be taken with a seine.

(ii)

It is unlawful to use a seine:

(I)

which is not manually operated.

(II)

with mesh exceeding 1/2-inch square.

(III)

that exceeds 20 feet in length.

(iii)

In salt water, non-game fish may be taken by seine for bait purposes only.

(M)

Shad trawl. For use in fresh water only.

(i)

Only non-game fish may be taken with a shad trawl.

(ii)

It is unlawful to use a shad trawl longer than six feet or with a mouth larger than 36 inches in diameter.

(iii)

A shad trawl may be equipped with a funnel or throat and must be towed by boat or by hand.

(N)

Spear. Only non-game fish may be taken with a spear.

(O)

Spear gun. Only non-game fish may be taken with spear gun.

(P)

Throwline. For use in fresh water only.

(i)

Non-game fish, channel catfish, blue catfish and flathead catfish may be taken with a throwline.

(ii)

It is unlawful to use a throwline in Lake Bastrop in Bastrop County, Bellwood Lake in Smith County, Lake Bryan in Brazos County, Boerne City Park Lake in Kendall County, Dixieland Reservoir in Cameron County, Gibbons Creek Reservoir in Grimes County, and Tankersley Reservoir in Titus County.

(Q)

Trotline.

(i)

Non-game fish, channel catfish, blue catfish, and flathead catfish may be taken by trotline.

(ii)

It is unlawful to use a trotline:

(I)

with a mainline length exceeding 600 feet;

(II)

with invalid gear tags. Gear tags must be attached within three feet of the first hook at each end of the trotline and are valid for 30 days after date set out, except on saltwater trotlines, a gear tag is not required to be dated;

(III)

with hook interval less than three horizontal feet;

(IV)

with metallic stakes; or

(V)

with the main fishing line and attached hooks and stagings above the water's surface.

(iii)

In fresh water, it is unlawful to use a trotline:

(I)

with more than 50 hooks;

(II)

in Gibbons Creek Reservoir in Grimes County, Lake Bastrop in Bastrop County, Fayette County Reservoir in Fayette County, Pinkston Reservoir in Shelby County, Lake Bryan in Brazos County, Bellwood Lake in Smith County, Dixieland Reservoir in Cameron County, Boerne City Park Lake in Kendall County, and Tankersley Reservoir in Titus County.

(iv)

In salt water:

(I)

it is unlawful to use a trotline:

(-a-)

in or on the waters of the Gulf of Mexico within the jurisdiction of this state;

(-b-)

from which red drum, sharks or spotted seatrout caught on the trotline are retained or possessed;

(-c-)

placed closer than 50 feet from any other trotline, or set within 200 feet of the edge of the Intracoastal Waterway or its tributary channels. No trotline may be fished with the main fishing line and attached hooks and stagings above the water's surface;

(-d-)

baited with other than natural bait, except sail lines;

(-e-)

with hooks other than circle-type hook with point curved in and having a gap (distance from point to shank) of no more than one-half inch, and with the diameter of the circle not less than five-eighths inch. Sail lines are excluded from the restrictions imposed by this clause; or

(-f-)

in Aransas County in Little Bay and the water area of Aransas Bay within one-half mile of a line from Hail Point on the Lamar Peninsula, then direct to the eastern end of Goose Island, then along the southern shore of Goose Island, then along the causeway between Lamar Peninsula and Live Oak Peninsula, then along the eastern shoreline of the Live Oak Peninsula past the town of Fulton, past Nine-Mile Point, past the town of Rockport to a point at the east end of Talley Island, including that part of Copano Bay within 1,000 feet of the causeway between Lamar Peninsula and Live Oak Peninsula.

(II)

No trotline or trotline components, including lines and hooks, but excluding poles, may be left in or on coastal waters between the hours of 1 p.m. on Friday through 1:00 p.m. on Sunday of each week, except that attended sail lines are excluded from the restrictions imposed by this clause. Under the authority of the Texas Parks and Wildlife Code, §66.206(b), in the event small craft advisories or higher marine weather advisories issued by the National Weather Service are in place at 8:00 a.m. on Friday, trotlines may remain in the water until 6:00 p.m. on Friday. If small craft advisories are in place at 1:00 p.m. on Friday, trotlines may remain in the water until Saturday. When small craft advisories are lifted by 8:00 a.m. on Saturday, trotlines must be removed by 1:00 p.m. on Saturday. When small craft advisories are lifted by 1:00 p.m. on Saturday, trotlines must be removed by 6:00 p.m. on Saturday. When small craft advisories or higher marine weather advisories are still in place at 1:00 p.m. on Saturday, trotlines may remain in the water through 1:00 p.m. on Sunday. It is a violation to tend, bait, or harvest fish or any other aquatic life from trotlines during the period that trotline removal requirements are suspended under this provision for adverse weather conditions. For purposes of enforcement, the geographic area customarily covered by marine weather advisories will be delineated by department policy.

(III)

It is unlawful to fish for commercial purposes with:

(-a-)

more than 20 trotlines at one time;

(-b-)

any trotline that is not marked with yellow flagging attached to stakes or with a floating yellow buoy not less than six inches in height, six inches in length, and six inches in width attached to end fixtures;

(-c-)

any trotline that is not marked with yellow flagging attached to stakes or with a yellow buoy bearing the commercial finfish fisherman's license plate number in letters of a contrasting color at least two inches high attached to end fixtures;

(-d-)

any trotline that is marked with yellow flagging or with a buoy bearing a commercial finfish fisherman's license plate number other than the commercial finfish fisherman's license plate number displayed on the finfish fishing boat;

(IV)

It is unlawful to fish for non-commercial purposes with:

(-a-)

more than 1 trotline at any time; or

(-b-)

any trotline that is not marked with a floating yellow buoy not less than six inches in height, six inches in length, and six inches in width, bearing a two-inch wide stripe of contrasting color, attached to end fixtures.

(R)

Umbrella net.

(i)

Only non-game fish may be taken with an umbrella net.

(ii)

It is unlawful to use an umbrella net with the area within the frame exceeding 16 square feet.

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 June 23, 2000.

TRD-200004417

Gene McCarty

Chief of Staff

Texas Parks and Wildlife Department

Effective date: July 13, 2000

Proposal publication date: March 3, 2000

For further information, please call: (512) 389-4775


Subchapter H. PUBLIC LANDS PROCLAMATION

31 TAC §§65.191, 65.193, 65.199

The Texas Parks and Wildlife Commission adopts amendments to §§65.191, 65.193, and 65.199, concerning the Public Lands Proclamation. Section 65.193 is adopted with changes to proposed text as published in the March 3, 2000, issue of the Texas Register (25 TexReg 1848). Sections 65.191 and 65.199 are adopted without changes to the proposed text and will not be republished. The change to §65.193, concerning Access Permit Required and Fees, removes the proposed requirement for persons hunting certain game animals on U.S. Forest Service lands to possess an annual public hunting permit.

The amendment to §65.191, concerning Definitions, lowers the minimum age requirement for persons supervising youths engaged in hunting activities and updates a statutory reference concerning the definition of disability, and is necessary to provide greater opportunity for young hunters and to keep regulatory references current. The amendment to §65.193 is necessary to, respectively: simplify and streamline regulations; maximize public access to public resources; and prevent persons from having to pay fees for activities in which they are not engaged. The amendment to §65.199 is necessary to properly manage the harvest of deer on certain department-administered properties and to protect public property.

The amendment to §65.191, concerning Definitions, lowers the minimum age requirement for persons supervising youths engaged in hunting activities and cites the correct reference in statute for the defintion of disabled persons. The amendment to §65.193, concerning Access Permit Required and Fees: creates a uniform requirement for possession of an Annual Public Hunting permit to enter department lands for the purpose of hunting; authorizes certain permit holders to access public waters from public hunting lands and fish from riverbanks on public lands; waives regular permit fees for hunting and fishing activities on public lands for holders of an Annual Public Hunting permit; and waives regular permit fees for holders of certain annual permits who do not engage in hunting or fishing. The amendment to §65.199, concerning General Rules of Conduct, requires a department-issued Antlerless Deer permit for the harvest of antlerless deer on Wildlife Management Areas jointly administered by the department and the U.S. Forest Service, and prohibits the disturbance or removal of wood, sand, soil, gravel, or shell from public hunting lands without the consent of the department.

The department received one comment concerning adoption of the proposed rules.

The amendments are adopted under Parks and Wildlife Code, Chapter 81, Subchapter E, which provides the Parks and Wildlife Commission with authority to establish an open season on wildlife management areas and public hunting lands and authorizes the executive director to regulate numbers, means, methods, and conditions for taking wildlife resources on wildlife management areas and public hunting lands; Chapter 12, Subchapter A, which provides that a tract of land purchased primarily for a purpose authorized by the code may be used for any authorized function of the department if the commission determines that multiple use is the best utilization of the land's resources; Chapter 62, Subchapter D, which provides authority, as sound biological management practices warrant, to prescribe seasons, number, size, kind, and sex and the means and method of taking any wildlife; and §42.0177, which authorizes the commission to modify or eliminate the tagging requirements of Chapter 42.

§65.193.Access Permit Required and Fees.

(a)

It is an offense for a person without a valid access permit to enter public hunting lands, except:

(1)

on areas or for activities where no permit is required;

(2)

persons who are authorized by, and acting in an official capacity for the department or the landowners of public hunting lands;

(3)

persons participating in educational programs, management demonstrations, or other scheduled activities sponsored or sanctioned by the department with written approval;

(4)

persons owning or leasing land within the boundaries of public hunting lands, while traveling directly to or from their property;

(5)

for a non-hunting or non-fishing adult who is assisting a permitted disabled person;

(6)

for a non-hunting adult who is supervising a permitted minor in a youth-only hunt; or

(7)

for minors under the supervision of an authorized supervising adult possessing an APH permit or a LPU permit.

(b)

A Texas Conservation Passport (Gold or Silver) provides group access to designated public hunting lands at times when non-consumptive use is authorized under the Texas Conservation Passport Program. The Texas Conservation Passport is not required to hunt or fish, nor does it authorize the taking of wildlife resources or provide access to public hunting lands at times when an APH permit, LPU permit, regular permit, or special permit is required.

(c)

Annual Public Hunting (APH) Permit and Limited Public Use (LPU) Permit.

(1)

Except as provided in paragraphs (2)-(4) of this subsection, it is an offense for a person 17 years of age or older to enter public hunting lands or take or attempt to take wildlife resources on public hunting lands at times when an APH permit is required without possessing an APH permit or to fail to display the APH permit, upon request, to a department employee or other official authorized to enforce regulations on public hunting lands. The fee for the APH permit is $40.

(2)

A person possessing a LPU permit may enter public hunting lands at times that access is allowed under the APH permit, but is not authorized to hunt or fish, except as provided in paragraph (3) of this subsection. The fee for the LPU permit is $10.

(3)

Persons possessing an APH permit, a LPU permit, or Texas Conservation Passport (Gold or Silver) may use public hunting lands to access adjacent public waters, and may fish in adjacent public waters from riverbanks on public hunting lands. The APH permit is required of each person 17 years of age or older who enters the Alabama Creek, Bannister, Caddo, Moore Plantation, or Sam Houston National Forest WMAs and possesses a centerfire or muzzleloading rifle or handgun, a shotgun with shot larger than #4 lead, or lawful archery equipment or crossbow with broadhead hunting point; however, a person 17 years of age or older may enter these units with other legal devices for hunting as defined in this subchapter and take specified legal wildlife resources provided the person possesses a LPU permit.

(4)

The permits required under paragraphs (1) - (3) of this subsection are not required for:

(A)

persons who enter on United States Forest Service lands designated as a public hunting area (Alabama Creek, Bannister, Caddo, Moore Plantation, and Sam Houston National Forest WMAs) or any portion of Units 902 and 903 for any purpose other than hunting;

(B)

persons who enter on U.S. Army Corps of Engineers lands (Aquilla, Cooper, Dam B, Granger, Pat Mayse, Ray Roberts, Somerville, and White Oak Creek WMAs) designated as public hunting lands for purposes other than hunting or equestrian use;

(C)

persons who enter Caddo Lake State Park and Wildlife Management Area and do not hunt or enter upon the land;

(D)

persons who enter and hunt waterfowl within the Bayside Marsh Unit of Matagorda Island State Park and Wildlife Management Area;

(E)

persons who enter the Bryan Beach Unit of Peach Point Wildlife Management Area and do not hunt; or

(F)

persons who enter Zone C of the Guadalupe River Unit of the Guadalupe Delta Wildlife Management Area and do not hunt or fish..

(5)

The permit required by paragraphs (1)-(3) of this subsection is not valid unless the signature of the holder appears on the permit.

(6)

A person, by signature of the permit and by payment of a permit fee required by paragraphs (1)-(3) of this subsection waives all liability towards the landowner (licensor) and Texas Parks and Wildlife Department (licensee).

(d)

Regular Permit--A regular permit is issued on a first come-first served basis at the hunt area on the day of the scheduled hunt with the department reserving the right to limit the number of regular permits to be issued.

(e)

Special Permit--A special permit is issued to an applicant selected in a drawing.

(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.

(g)

The department may implement a system of issuing special permits that gives preference to those applicants who have applied previously but were not selected to receive a permit.

(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.

(2)

The application fee for each person 17 years of age or older listed on an application for a special hunting permit may not exceed $25 per legal species and, unless otherwise established by the commission, shall be in the amount of:

(A)

$2.00 in the general drawings; and

(B)

$10 for special package hunts.

(3)

The application fee for a special hunting permit is waived for a person under 17 years of age; however, the minor must apply in conjunction with an authorized supervising adult to whom an application fee is assessed, except as provided in paragraphs (4) and (5) of this subsection.

(4)

The application fee for a special permit is waived for an adult who is making application to serve as a non-hunting authorized supervising adult for a minor in a youth-only drawn hunt category.

(5)

Persons under 17 years of age may be disqualified from applying for special package hunts or may be assessed the application fee.

(6)

The application fee for a special permit is waived for on-site applications made under standby procedures at the time of a hunt.

(7)

In the event an application for a special permit is determined to be invalid, then:

(A)

the application card and related application fees will be returned to the applicant for correction and resubmission, provided the error is detected prior to the time that the application information is processed; or

(B)

the error will result in disqualification of the applicant(s), and the application fees will be retained by the department.

(i)

Legal animals to be taken by special or regular permit shall be stipulated on the permit.

(j)

The fees for special and regular permits for hunting deer, exotic mammal, pronghorn antelope, javelina, turkey, coyote, and alligator are:

(1)

standard period--$50;

(2)

extended period--$100;

(3)

squirrel, game birds (other than turkey), rabbits and hares--$10;

(4)

special package hunts, desert bighorn sheep--no charge.

(k)

Only one special 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)

Any applicable special or regular permit fees will be waived for minors under the supervision of a duly permitted authorized supervising adult.

(m)

Any applicable regular permit fees for hunting or fishing activities will be waived for persons possessing an APH permit.

(n)

Any applicable regular permit fees for authorized activities other than hunting or fishing will be waived for persons possessing an APH permit, a LPU permit, or Texas Conservation Passport (Gold or Silver).

(o)

Except for the Texas Conservation Passport, all access permits apply only to the individual to whom the permit is issued, and neither the permit nor the rights granted thereunder are transferrable to another person.

(p)

It is an offense if a person fails to obey the conditions of a permit issued under this subchapter.

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 June 23, 2000.

TRD-200004418

Gene McCarty

Chief of Staff

Texas Parks and Wildlife Department

Effective date: July 13, 2000

Proposal publication date: March 3, 2000

For further information, please call: (512) 389-4775


Part 10. TEXAS WATER DEVELOPMENT BOARD

Chapter 357. REGIONAL WATER PLANNING GUIDELINES

31 TAC §§357.5, 357.10, 357.12

The Texas Water Development Board (the board) adopts amendments to §§357.5, 357.10, and 357.12 concerning the Regional Water Planning Guidelines without change to the proposed text as published in the May 5, 2000, issue of the Texas Register (25 TexReg 3921) and will not be republished. The amendments are adopted to conform more closely with the statutory provisions relating to a regional water plan's evaluation of emergency transfers and the regional water planning group's required notice and hearings in the regional water planning process.

Amendments to §357.5 more closely track the statutory language regarding regional water planning groups' consideration of emergency transfers of water. The section currently mandates that regional water planning groups include recommendations for emergency transfers of surface water, including determining portions of rights that may be transferred for emergency municipal use. The amendment would allow the regional water planning groups greater discretion in whether to make recommendations for emergency transfers. The change makes the rule more consistent with statute, and provides greater discretion to tailor planning on a regional basis, as contemplated by the passage of Texas Water Code §16.053.

Amendments to §357.10 are adopted to clarify when the regional water planning group will address public comment, and make the provisions consistent with statutory requirements. Section 16.053(h)(3)-(5), Texas Water Code, establishes a procedure where the regional water planning groups are to conduct a public hearing and receive comments on an initially prepared regional water plan, submit the plan to the board for its comments, and then consider the board's and public's comments before adoption of its regional water plan. As currently drafted, the board's rules, in §357.10(b), require the regional water planning groups to address written comments before submittal of the initially prepared regional water plan to the board. The amendments to §357.10(b) conform the rule to the statute by requiring the public comments to be addressed in the adopted regional water plan, not in the initially prepared regional water plan. The current requirement to address public comments at a stage earlier than required by statute would negatively impact the ability of the regional water planning groups to meet deadlines imposed by board rule and by statute for submittal of their adopted regional water plans to the board. The amendments provide for full consideration of public comments while allowing the groups to meet deadlines for submittal of the plan to the board. In addition, amendments to the subsection require the regional water planning group to address oral as well as written comments received at the public hearing on the regional water plan and written comments received within established deadlines. This amendment would assure that all public comments are evaluated and addressed by the regional water planning groups, thereby assuring that the public participation goals of Texas Water Code §16.053(h)(2) are met.

Amendments to §357.12 clarify provisions relating to notice in the regional water planning process. Amendments to §357.12(a)(4) clarify that a public hearing on amendments to a regional water plan is required only to amendments to an adopted regional water plan, including amendments required by the board's resolution of interregional conflicts. As currently drafted, the provision would require a hearing before adopting a regional water plan that makes any changes to the initially prepared plan. The existing rule requirement imposes notice requirements in excess of those imposed by statute, and would make the regional water planning process unduly cumbersome.

Amendments to §357.12(a)(6)(D) clarify information that must be placed in notices regarding public hearings. Specifically, the amendments require the regional water planning group to consider both written and oral comments made at public hearings held on the initially prepared plan and on amendments to adopted regional plans. The amendments also require that the regional water planning group specify the date by which written comments shall be submitted, which will be no earlier than the date of the required public hearings. The amendments will assure that the public can submit timely comments while allowing the regional water planning groups to establish a definite deadline by which comments may be received, thereby allowing the group to provide a workable structure to its planning process. The minimum deadline of the public hearing will assure that the public has 30-days to evaluate and make comments on these plans, a timeframe consistent with notice requirements in §16.053, Texas Water Code. This deadline also is consistent with the public's timeframe to comment on rules adopted by state agencies.

No comments were received on the proposed amendments.

The amendments are adopted under the authority granted in Texas Water Code, §6.101, which provides the board with the authority to adopt rules necessary to carry out its powers and duties under the Texas Water Code and laws of Texas, and under the authority of Texas Water Code, §16.053, which requires the board to develop rules to provide procedures for adoption of regional water plans by regional water planning groups and approval of regional water plans by the board, and to govern procedures to be followed in carry out the responsibilities under §16.053, Water Code.

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 June 21, 2000.

TRD-200004358

Suzanne Schwartz

General Counsel

Texas Water Development Board

Effective date: July 11, 2000

Proposal publication date: May 5, 2000

For further information, please call: (512) 463-7981