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 - 53.6, 53.8

The Texas Parks and Wildlife Department proposes amendments to §§53.1 - 53.6, and 53.8, concerning License Fees and Boat and Motor Fees. The amendment to §53.1, concerning License Issuance Procedures, Fees, Possession and Exemption Rules, increases the administrative fee for certain replacement licenses, stamps, or permits from $1.00 to $3.00. The amendment also removes obsolete references to effective dates of license fees, and changes other language nonsubstantively to simplify and clarify the regulations.

The amendment to §53.2, concerning Combination Hunting and Fishing Licenses, Packages, and Conservation Permits, increases the fees for the following license types: resident combination hunting and fishing license (from $32 to $42); duplicate combination hunting and fishing license (from $6 to $10); and resident super combination hunting and fishing (from $49 to $59). The amendment also: replaces the term "duplicate" with "replacement" to more accurately reflect intent; eliminates the all-purpose resident combination hunting and fishing license, as this license no longer is available; and changes the fee for conservation permits from $25 to $50 to correct an error in previous rulemaking. Lastly, the amendment eliminates redundant or obsolete references to effective dates of license fees, and changes other language nonsubstantively to simplify and clarify the regulations.

The amendment to §53.3, concerning Other Recreational Hunting and Fishing Licenses, Stamps, and Tags, increases the fees for the following license types: resident hunting license (from $19 to $23); duplicate combination hunting (from $6 to $10); general nonresident hunting (from $250 to $300); nonresident special hunting (from $100 to $125); nonresident five-day special hunting (from $35 to $45); nonresident spring turkey hunting (from $100 to $120); nonresident banded bird hunting (from $10 to $25); resident fishing (from $19 to $23); temporary (14-day) resident sportfishing (from $12 to $15); temporary (three-day) resident sportfishing (from $10 to $12); nonresident fishing (from $30 to $50); temporary (five-day) nonresident fishing (from $20 to $30); replacement fishing (from $6 from $10); tarpon tag (from $100 to $120); and duplicate tarpon tag (from $25 to $30). The amendment also replaces the term "duplicate" with "replacement" to more accurately reflect intent; and adds the bonus deer tag fee of $10 to correct the inadvertent exclusion of that fee in previous rulemakings. Lastly, the amendment eliminates obsolete references to effective dates of license fees and changes other language nonsubstantively to simplify and clarify the regulations.

The amendment to §53.4, concerning Commercial Hunting/Trapping Licenses and Permits, increases the fees for the following license types: hunting lease (less than 500 acres) permit (from $50 to $75); hunting lease (more than 500 acres and less than 1,000 acres) permit (from $100 to $140); hunting lease (1,000 acres or more) permit (from $200 to $240); private bird hunting area (from $60 to $80); field trial permit (from $50 to $60); wildlife management association area hunting lease license (less than 10,000 acres) permit (from $30 to $36); wildlife management association area hunting lease license (between 10,000 and 50,000 acres) permit (from $60 to $72); wildlife management association area hunting lease license (over 50,000 acres) permit (from $120 to $144); antlerless deer control permit application processing fee (from $300 to $360); resident trapper's (from $15 to $18); nonresident trapper's (from $250 to $300); resident retail fur buyer's (from $75 to $90); resident wholesale fur dealer's (from $150 to $180); furbearing animal propagation permit (from $75 to $90); nonresident retail fur buyer's (from $300 to $360); nonresident wholesale fur dealer's (from $500 to $600); resident alligator hunter's (from $35 to $42); nonresident alligator hunter's (from $300 to $360); resident retail alligator dealer's permit (from $100 to $120); nonresident retail alligator dealer's permit (from $400 to $480); resident wholesale alligator dealer's permit (from $200 to $240); nonresident wholesale alligator dealer's permit (from $800 to $960); alligator import permit (from $25 to $100); alligator farmer permit (from $200 to $240); alligator nest stamp (from $50 to $60); and wild caught alligator hide tag (from $10 to $20). Lastly, the amendment eliminates obsolete references to effective dates of license and permit fees.

The amendment to §53.5, concerning Public Hunting and Fishing Permits and Fees, increases the fees for the following license types: annual public hunting from ($40 to $48); limited public use (from $10 to $12); replacement limited public use (from $5.00 to $10); standard period special permit for deer, exotic mammal, pronghorn antelope, javelina, turkey, coyote, or alligator (from $50 to $75); extended period special permit for deer, exotic mammal, alligator, and management hunts for deer on TPW-leased private lands (from $100 to $125); regular (daily) permit for squirrel, game birds (other than turkey), feral hogs, rabbits and hares (from $10 to $15); and application fee for participation in drawings for supervised hunts (from $2.00 to $3.00). The amendment also replaces the term "duplicate" with "replacement" to more accurately reflect intent and eliminates the Reel Texas Adventure, as this is no longer is available. Lastly, the amendment eliminates obsolete references to effective dates of license fees, and modifies other language nonsubstantively to simplify and clarify the regulations.

The amendment to §53.6, concerning Commercial Fishing Licenses and Tags, increases the fees for the following license types: license transfer fees for resident commercial gulf shrimp boat (from $10 to $25); nonresident commercial gulf shrimp boat (from $10 to $25); resident commercial oyster boat (from $10 to $25); and nonresident commercial oyster boat (from $10 to $25); replacement license plate for resident commercial gulf shrimp boat (from $10 to $25); nonresident commercial gulf shrimp boat (from $10 to $25); resident commercial bay shrimp boat (from $10 to $25); resident commercial bait-shrimp boat (from $10 to $25); nonresident commercial bay shrimp boat (from $10 to $25); nonresident commercial bait-shrimp boat (from $10 to $25); resident commercial oyster boat (from $10 to $25); and nonresident commercial oyster boat (from $10 to $25); resident sport oyster boat (from $10 to $12); and nonresident sport oyster boat (from $40 to $48). The amendment also replaces the term "replacement license plates" with "duplicate license plates" to more accurately reflect intent. Lastly, the amendment eliminates obsolete references to effective dates of license fees and modifies other language nonsubstantively to simplify and clarify the regulations.

The amendment to §53.8, concerning Miscellaneous Wildlife Licenses and Permits, increases the fees for the following license types: scientific breeder's permit (from $150 to $180); deer purchase permit (from $25 to $30); deer transport permit (from $25 to $30); game animal breeder's permit (from $15 to $75); class 1 commercial game bird breeder's permit (from $150 to $180); class 2 commercial game bird breeder's permit (from $15 to $25); apprentice falconer's permit (from $50 to $60); general falconer's permit (from $100 to $120); master falconer's permit (from $150 to $180); falconer's renewal permit (from $50 to $60); nonresident raptor trapper's permit (from $300 to $360); trap, transport and transplant permit application processing fee (from $150 to $180); and processing fee for amendment to existing trap, transport and transplant permit (from $25 to $30); urban white-tailed deer removal permit application processing fee (from $150 to $180); and processing fee for amendment to existing urban white-tailed deer removal permit (from $25 to $30); deer management permit renewal (from $500 to $600); resident nongame collector permit (from $15 to $18); nonresident nongame collector permit (from $50 to $60); resident nongame dealer permit $50 to $60); and nonresident nongame dealer permit (from $200 to $240). The amendment also: establishes the raptor propagator permit ($60), establishes an effective date of April 1, 2004 for all deer-breeding and related permits, eliminates obsolete references to effective dates of license fees, and modifies other language nonsubstantively to simplify and clarify the regulations.

The amendments are necessary because the department has determined additional funds are needed to maintain current levels of service to the public. Fees for the majority of the licenses and permits have not been increased since 1996. Since that time, inflation has significantly increased the costs of doing business (such as the cost of office space, utilities, vehicles and gasoline), and the department has added a variety of new programs and services. The current fees were compared with various cost-of-living indices and the accumulated rates of inflation since 1996, which is approximately 20%. Most proposed fee increases were proposed based on this calculation, and on the need to recoup administrative costs associated with the issuance of replacement and duplicate licenses, commercial plates and various license transfers.

Paul Hammerschmidt, program director, has determined that for each of the first five years the rules as proposed are in effect, there will be fiscal implications to state government as a result of enforcing or administering the rules. For each of the first five years the rules are in effect, the department is estimated to realize approximately $10.2 million in additional revenues from increased license, permit and application fees. This estimate was derived by multiplying the proposed new fee for each type of transaction by the anticipated number of transactions for each fee. The number of anticipated transactions was based on transactions from the 2002 fiscal year (FY), adjusted down by 4% to reflect historic reductions in license purchases resulting from fee increases in the past. The result derived from multiplying the new fees by the anticipated transactions was adjusted down by 5% to reflect transaction commissions retained by license deputies. It was also adjusted down by 76 cents per transaction to reflect transaction charges by the vendor operating the department's automated point-of-sale system. The result, after adjustments for license deputy commissions and vendor transaction fees was then compared to 2002 revenue figures (also similarly adjusted) to obtain the net gain figure of $10.2 million.

Mr. Hammerschmidt has also determined that for each of the first five years the rules as proposed are in effect, the public benefit anticipated as a result of enforcing or administering the rules as proposed will be the department's ability to maintain current levels of service to its customers and constituents, and the continued ability of the department to adequately discharge its statutory obligations.

Most of the license and permit fee increases addressed in the proposed amendments are required for individual recreational hunting and fishing and will have no direct impact on small or microbusinesses. Only the Commercial Hunting Fee increases in §53.4, the Commercial Fishing License and Tags fee increases in §53.6 and certain Miscellaneous Wildlife Licenses and Permits increases in §53.8 will impose a direct cost, of any type, on businesses. Some of the businesses affected will be small or microbusinesses. The annual amount of the increase of the license and permit fess under the amendments to these sections is from $5 and $60. However, there is no difference in the cost of compliance between a large and small business as a result of the proposed amendments. Likewise, there is no disproportionate economic impact on small or microbusinesses.

The department does not require persons who purchase licenses or permits to supply detailed information as to the nature or scope of any commercial enterprise in which the license or permit is to be used. The department does not believe, however, that there are many, if any, businesses employing more than 100 persons that will be affected by the proposed rules. Therefore, the department has used the cost-per-employee method for comparing the cost of compliance for small businesses to the cost of compliance for the largest businesses affected by the proposed rules.

For hunting lease licenses, the proposed fee increase would impose a maximum per-employee cost ranging from $40.00 for a business employing one person to $.40 for a business employing 100 people. For microbusinesses, the maximum per-employee cost would range from $40.00 for one employee to $2.00 for 20 employees. For large businesses, the minimum per-employee cost would be fractions of a dollar lower than the maximum cost of compliance for a small business.

For wildlife management association area hunting lease licenses, the proposed fee increase would impose a per-employee cost ranging from $6.00 for a small business employing one person to $.14 for a business employing 100 people. For microbusinesses, the maximum per-employee cost would range from $6.00 for one employee to $.70 for 20 employees. For large businesses, the minimum per-employee cost would be fractions of a dollar lower than the maximum cost of compliance for a small business.

For hunting lease licenses, the proposed fee increase would impose a maximum per-employee cost ranging from $40 for one employee to $.40 for a business employing 100 people. For microbusinesses, the maximum per-employee cost would range from $40 for one person to $2.00 for 20 employees. For large businesses, the minimum per-employee cost would be fractions of a dollar lower than the maximum cost of compliance for a small business.

For trapping licenses, the proposed fee increase would impose a maximum per-employee cost ranging from $100 for a business with one employee to $1.00 for a business employing 100 people. For microbusinesses, the maximum per-employee cost would range from $100 for one person to $5.00 for 20 employees. For large businesses, the minimum per-employee cost would be fractions of a dollar lower than the maximum cost of compliance for a small business.

For alligator licenses, the proposed fee increase would impose a maximum per-employee cost ranging from $160 for a business employing one person to $1.60 for a business employing 100 people. For microbusinesses, the maximum per-employee cost would range from $160 for one employee to $8.00 for 20 employees. For large businesses, the minimum per-employee cost would be fractions of a dollar lower than the maximum cost of compliance for a small business.

For deer-breeding licenses, the proposed fee increase would impose a maximum per-employee cost ranging from $30 for a business employing one person to $.30 for a business employing 100 people. For microbusinesses, the per-employee cost would range from $30 for one employee to $1.50 for 20 employees. For large businesses, the minimum per-employee cost would be fractions of a dollar lower than the maximum cost of compliance for a small business.

For game animal breeding licenses, the proposed fee increase would impose a maximum per-employee cost ranging from $60 for a business employing one person to $.60 for a business employing 100 people. For microbusinesses, the maximum per-employee cost would range from $60 for one employee to $3.00 for 20 employees. For large businesses, the minimum per-employee cost would be fractions of a dollar lower than the maximum cost of compliance for a small business.

For game bird breeding licenses, the proposed fee increase would impose a maximum per-employee cost ranging from $30 for a business employing one person to $.30 for a business employing 100 people. For microbusinesses, the maximum per-employee cost would range from $30 for one employee to $1.50 for 20 employees. For large businesses, the minimum per-employee cost would be fractions of a dollar lower than the maximum cost of compliance for a small business.

For deer management permits, the proposed fee increase would impose a maximum per-employee cost ranging from $100 for a business employing one person to $1.00 for a business employing 100 people. For microbusinesses, the maximum per-employee cost would range from $100 for one employee to $5.00 for 20 employees. For large businesses, the minimum per-employee cost would be fractions of a dollar lower than the maximum cost of compliance for a small business.

For nongame permits, the proposed fee increase would impose a maximum per-employee cost of ranging from $40 for a business employing one person to $.40 for a business employing 100 people. For microbusinesses, the maximum per-employee cost would range from $40 for one employee to $2.00 for 20 employees. For large businesses, the minimum per-employee cost would be fractions of a dollar lower than the maximum cost of compliance for a small business.

As provided for by Government Code, Chapter 2006, the department has determined that it is not feasible to reduce the effects of the proposed rule on small businesses and microbusiness, considering the purposes of the statutes under which the rules are proposed.

The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rules as proposed will not impact local economies.

The department has determined that there will not be a taking of private real property, as defined in Government Code, Chapter 2007, as a result of the proposed rules.

Comments on the proposed rules may be submitted by phone, written correspondence or e-mail to Paul Hammerschmidt, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4650 or 1-800-792-1112.

The amendments are proposed under the authority of Parks and Wildlife Code, Chapter 11, which authorizes the commission to set fees for non-game stamps and decals; Chapter 42, which authorizes the commission to set fees for resident and nonresident hunting licenses and tags; Chapter 43, which authorizes the commission to set fees for Hunting Lease Licenses; Trapping, Transporting and Transplanting Game Animals and Game Birds Permits; Private Bird Hunting Area Permits and Licenses; Permits to Control Wildlife; Scientific Breeder's Permits; Conservation Permits; and Deer Management Permits; Chapter 44, which authorizes the commission to set fees for game breeder's licenses; Chapter 45, which authorizes the commission to set fees for game bird breeder's licenses; Chapter 46, which authorizes the commission to set fees for resident and nonresident fishing licenses and tags; Chapter 47, which authorizes the commission to set fees for resident and nonresident commercial fishing licenses; Chapter 49, which authorizes the commission to set fees for resident and nonresident falconry permits; Chapter 50, which authorizes the commission to set fees for combination hunting and fishing licenses; Chapter 62, which authorizes the commission to set fees for permits to hunt in state parks; Chapter 65, which authorizes the commission to set fees for the taking, possession, propagation, transportation, exportation, importation, sale, and offering for sale of alligators, alligator eggs, or any part of an alligator the commission considers necessary to manage the species; Chapter 66, which authorizes the commission to set business license transfer fees; Chapter 67, which authorizes the commission to set fees for the taking, possession, propagation, transportation, importation, sale, or exportation of a nongame species of fish or wildlife the commission considers necessary to manage the species; Chapter 71, which authorizes the commission to set fees for the taking, possession, propagation, transportation, exportation, importation, sale, and offering for sale of fur-bearing animals, pelts, and carcasses as the commission considers necessary to manage fur-bearing animals or to protect human health or property; Chapter 76, which authorizes the commission to set fees for the taking, possession, and sale of oysters; Chapter 77, which authorizes the commission to set fees for the taking, possession, and sale of shrimp; Chapter 78, Subchapter B, which authorizes the commission to transfer a Commercial Crab Fisherman's License; and Chapter 81, which authorizes the commission to set fees for hunting on wildlife management areas and other public lands.

The proposed amendments affect Parks and Wildlife Code, Chapters 11 , 42, 43, 44, 45, 46, 47, 49, 50, 62, 65, 66, 67, 71, 76, 77, 78, and 81.

§53.1.License Issuance Procedures, Fees, Possession and Exemption Rules.

(a) Hunting license possession.

(1) No person may hunt deer or turkey in this state without having a valid hunting license in immediate possession.

(2) No person may hunt species other than deer or turkey in this state without having a valid hunting license in immediate possession unless the person has acquired a license electronically (including by telephone) and has a valid authorization number in his possession. Authorization numbers shall only be valid for 20 days from date of purchase.

(b) Fishing license possession.

(1) No person may fish in this state without having a valid fishing license in immediate possession unless that person is exempt from holding a fishing license or has acquired a license electronically (including by telephone) and has a valid authorization number in possession. Authorization numbers shall only be valid for 20 days from date of purchase.

(2) No person may catch and retain a red drum over 28 inches [ or more ] in length in this state without having a valid fishing license and red drum tag in immediate possession.

(c) Issuance of licenses and stamps electronically (including by telephone).

(1) A person may acquire recreational hunting and/or fishing licenses electronically (including by telephone) from the department or its designated representatives by agreeing to pay a convenience fee of up to $5.00 per license in addition to the normal license fee.

(2) A person may acquire recreational hunting and/or fishing stamps electronically (including by telephone) from the department or its designated representatives by agreeing to pay a convenience fee of up to $5.00 per stamp order in addition to the normal stamp fee(s). This fee shall not be charged if a license is acquired during the same transaction.

(d) The following categories of persons are exempt from fishing license requirements and fees [ for the license years beginning September 1, 2000, and thereafter ]:

(1) residents under 17 years of age;

(2) non-residents under 17 years of age;

(3) non-residents 65 years of age or older who are residents of Louisiana and who possess a Louisiana recreational fishing license;

(4) non-residents 64 years of age or older who are residents of Oklahoma;

(5) residents whose birth date is before September 1, 1930;

(6) persons who hold valid Louisiana non-resident fishing licenses while fishing on all waters inland from a line across Sabine Pass between Texas Point and Louisiana Point that form a common boundary between Texas and Louisiana if the State of Louisiana allows a reciprocal privilege to persons who hold valid Texas annual or temporary non-resident fishing licenses; and

(7) residents of Louisiana who meet the licensing requirements of their state while fishing on all waters inland from a line across Sabine Pass between Texas Point and Louisiana Point that form a common boundary between Texas and Louisiana if the State of Louisiana allows a reciprocal privilege to Texas residents who hold valid Texas fishing licenses.

(e) An [ Effective September 1, 1996, and thereafter, an ] administrative fee of $3.00 [ $1.00 ] shall be charged for replacement of lost or destroyed licenses, stamps, or permits. This fee shall not be charged for items which have a fee for duplicates otherwise prescribed by rule or statute.

§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-- $42 [ $32 ];

(2) replacement [ duplicate ] combination hunting and fishing-- $10 [ $6.00 ];

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

(4) resident senior combination--$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)-- $59 [ $49 ]; and

(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)--$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)--$100].

(c) Conservation permits -- $50 . [ The fee amount effective for the permit year beginning September 1, 1996, and thereafter is $25. ]

§53.3.Other Recreational Hunting and Fishing Licenses, Stamps, and Tags.

(a) Hunting licenses [ . The following license fee amounts are effective for the license year beginning September 1, 1996, and thereafter ]:

(1) resident hunting-- $23 [ $19 ];

(2) lifetime resident hunting--$600;

(3) special resident hunting--$6.00. Residents under 17 years of age, residents who are 65 years old or older, and nonresident hunters who are under 17 years of age on the date of license purchase are designated as residents and may purchase a special hunting license;

(4) replacement [ duplicate ] hunting-- $10; [ $6.00 ]

(5) general nonresident hunting-- $300 [ $250 ];

(6) nonresident special hunting-- $125 [ $100 ];

(7) nonresident five-day special hunting-- $45 [ $35 ];

(8) nonresident spring turkey hunting-- $120 [ $100 ]; and

(9) nonresident banded bird hunting-- $25 [ $10 ].

(b) Hunting stamps and tags [ . The following stamp fee amounts are effective for the stamp year beginning September 1, 1996; and thereafter ]:

(1) turkey--$5.00;

(2) white-winged dove--$7.00;

(3) archery hunting--$7.00;

(4) waterfowl--$7.00;

(5) muzzleloader hunting--$10 ; and

(6) bonus deer tag--$10.

(c) Fishing licenses[ . The following license fee amounts are effective for the license year beginning September 1, 2000 and thereafter ]:

(1) resident fishing-- $23 [ $19 ];

(2) lifetime resident fishing--$600;

(3) special resident fishing--$6.00. Eligibility requirements are as follows: residents who are blind as defined by Human Resources Code, §94.001, and residents who are 65 years of age or older and born on or after September 1, 1930;

(4) temporary (14-day) resident sportfishing-- $15 [ $12 ];

(5) temporary (three-day) resident sportfishing-- $12 [ $10 ];

(6) nonresident fishing-- $50 [ $30 ];

(7) temporary (five-day) nonresident fishing-- $30 [ $20 ];

(8) replacement fishing --$10 [ duplicate--$6.00 ]; and

(9) Lake Texoma fishing--$7.50.

(d) Fishing stamps [ . The following license fee amounts are effective for the license year beginning September 1, 2000 and thereafter ]:

(1) saltwater sportfishing--$7.00;

(2) saltwater sportfishing stamp surcharge, to be effective until September 1, 2005--$3.00; and

(3) freshwater trout--$7.00.

(e) Fishing tags [ . The following license fee amounts are effective for the license year beginning September 1, 2001 and thereafter ]:

(1) tarpon tag-- $120 [ $100 ];

(2) replacement [ duplicate ] tarpon tag-- $30 [ $25 ]; and

(3) individual bait-shrimp trawl tag--$35;

(f) Collector's edition stamp package.

(1) A collector's edition stamp package shall consist of one each of the following stamps:

(A) turkey stamp;

(B) white-winged dove stamp;

(C) nongame stamp;

(D) archery stamp;

(E) state waterfowl stamp;

(F) muzzleloader hunting stamp;

(G) saltwater sportfishing stamp; and

(H) freshwater trout stamp.

(2) stamps in the package will not be valid for hunting or fishing.

(3) Fee for the package shall be $10 wholesale price and $20 retail price plus applicable sales tax [ , effective September 1, 1996 and thereafter ]

§53.4.Commercial Hunting/Trapping Licenses and Permits.

(a) Commercial hunting licenses and permits [ . The following license fee amounts are effective for the license year beginning September 1, 1996, and thereafter ]:

(1) hunting lease (less than 500 acres)-- $75 [ $50 ];

(2) hunting lease (more than 500 acres and less than 1,000 acres)-- $140 [ $100 ];

(3) hunting lease (1,000 acres or more)-- $240 [ $200 ];

(4) private bird hunting area-- $80 [ $60 ];

(5) field trial permit-- $60 [ $50 ];

(6) hunting cooperative (less than 10,000 acres)--$60 plus $5.00 per participating landowner;

(7) hunting cooperative (between 10,000 and 50,000 acres)--$120 plus $5.00 per participating landowner;

(8) hunting cooperative (over 50,000 acres)--$240 plus $5.00 per participating landowner;

(9) wildlife management association area hunting lease license (less than 10,000 acres)-- $36 [ $30 ] plus $5.00 per participating landowner;

(10) wildlife management association area hunting lease license (between 10,000 and 50,000 acres)-- $72 [ $60 ] plus $5.00 per participating landowner;

(11) wildlife management association area hunting lease license (over 50,000 acres)-- $144 [ $120 ] plus $5.00 per participating landowner; and

(12) antlerless deer control permit application processing fee-- $360 [ $300 ].

(b) Furbearing animal licenses and permits [ . The following license fee amounts are effective for the license year beginning September 1, 1996, and thereafter ]:

(1) resident trapper's-- $18 [ $15 ];

(2) nonresident trapper's-- $300 [ $250 ];

(3) resident retail fur buyer's-- $90 [ $75 ];

(4) resident wholesale fur dealer's-- $180 [ $150 ];

(5) furbearing animal propagation permit-- $90 [ $75 ];

(6) nonresident retail fur buyer's-- $360 [ $300 ]; and

(7) nonresident wholesale fur dealer's-- $600 [ $500 ].

(c) Alligator licenses, permits, stamps, and tags [ . The following fee amounts are effective for the license year beginning September 1, 1997, and thereafter ]:

(1) resident alligator hunter's-- $42 [ $35 ];

(2) nonresident alligator hunter's-- $360 [ $300 ];

(3) resident retail alligator dealer's permit-- $120 [ $100 ];

(4) nonresident retail alligator dealer's permit-- $480 [ $400 ];

(5) resident wholesale alligator dealer's permit-- $240 [ $200 ];

(6) nonresident wholesale alligator dealer's permit-- $960 [ $800 ];

(7) alligator import permit-- $100 [ $25 ];

(8) alligator farmer permit-- $240 [ $200 ];

(9) alligator nest stamp-- $60 [ $50 ];

(10) wild caught alligator hide tag-- $20 [ $10 ];

(11) farm raised alligator hide tag--$4.00; and

(12) commercial wildlife management area alligator hide tag--$120.

§53.5.Public Hunting and Fishing Permits and Fees.

(a) Hunting permits:

(1) annual public hunting-- $48 [ $40 ];

(2) replacement [ duplicate ] annual public hunting--$10;

(3) limited public use-- $12 [ $10 ]; and

(4) replacement [ duplicate ] limited public use-- $10 [ $5.00 ].

(b) Special and regular permits. The following permit fee amounts apply only to persons 17 years of age and older:

(1) special permits.

(A) standard period for deer, exotic mammal, pronghorn antelope, javelina, turkey, coyote, alligator-- $75 [ $50 ];

(B) extended period for deer, exotic mammal, alligator, and management hunts for deer on TPW-leased private lands-- $125 [ $100 ]; and

(C) special package hunts (Big Time Texas Hunts , [ and ] other guided hunts and TPWD management deer hunts on leased private lands )--no charge.

(2) regular (daily) permit. For squirrel, game birds (other than turkey), feral hogs, rabbits and hares-- $15 [ $10 ];

(c) Application fee. The following fee amounts apply only to persons 17 years of age or older. The non-refundable application fee for individuals applying for computer-selected participant hunting opportunities is:

(1) $3.00 [ $2.00 ] per applicant for participation in drawings for supervised hunts;

(2) $10 per applicant for participation in drawings for guided hunts and TPWD management deer hunts on leased private lands ; and

(3) $10 per entry for participation in drawings for Big Time Texas Hunts.

(d) Competitive hunting dog field trial permit fees:

(1) 10 or less participants--$100 per day;

(2) 11-25 participants--$200 per day;

(3) 26-50 participants--$300 per day;

(4) 51-75 participants--$400 per day; and

(5) 76 or more participants--$500 per day.

[ (e) Reel Texas Adventures. The application fee for participation in Reel Texas Adventure fishing events shall not exceed $10 per person per application.]

§53.6.Commercial Fishing Licenses and Tags.

(a) Shrimping licenses:

(1) Licenses:

(A) resident commercial gulf shrimp boat -- $450;

(B) resident commercial bay shrimp boat -- $348;

(C) resident commercial bait-shrimp boat -- $348;

(D) resident commercial shrimp boat captain's -- $30;

(E) nonresident commercial gulf shrimp boat -- $1,350;

(F) nonresident commercial bay shrimp boat -- $750;

(G) nonresident commercial bait-shrimp boat -- $750; and

(H) nonresident commercial shrimp boat captain's -- $120.

(2) License transfers:

(A) Transfers between living persons.

(i) resident commercial gulf shrimp boat license transfer - $25 [ $10 ];

(ii) resident commercial bay shrimp boat license transfer -- $348;

(iii) resident commercial bait-shrimp boat license transfer -- $348;

(iv) nonresident commercial gulf shrimp boat license transfer -- $25 [ $10 ];

(v) nonresident commercial bay shrimp boat license transfer -- $750; and

(vi) nonresident commercial bait-shrimp boat license transfer -- $750.

(B) Transfers to heirs (as defined in Parks and Wildlife Code, §77.113).

(i) resident commercial bay shrimp boat -- $10;

(ii) nonresident commercial bay shrimp boat -- $10;

(iii) resident commercial bait shrimp boat -- $10; and

(iv) nonresident commercial bait shrimp boat -- $10;

(3) Replacement License plates:

(A) resident commercial gulf shrimp boat -- $25 [ $10 ];

(B) resident commercial bay shrimp boat - $25 [ $10; ]

(C) resident commercial bait-shrimp boat -- $25 [ $10 ];

(D) nonresident commercial gulf shrimp boat -- $25 [ $10 ];

(E) nonresident commercial bay shrimp boat -- $25 [ $10 ]; and

(F) nonresident commercial bait-shrimp boat -- $25 [ $10 ].

(b) Oystering licenses.

(1) Licenses:

(A) resident commercial oyster boat -- $420;

(B) resident sport oyster boat - $12 [ $10 ];

(C) resident commercial oyster captain's -- $30;

(D) resident commercial oyster fisherman's -- $120;

(E) nonresident commercial oyster boat -- $1,680;

(F) nonresident sport oyster boat - $48 [ $40 ];

(G) nonresident commercial oyster boat captain's -- $120; and

(H) nonresident commercial oyster fisherman's -- $300.

(2) License transfers:

(A) resident commercial oyster boat transfer -- $25 [ $10 ]; and

(B) nonresident commercial oyster boat transfer -- $25 [ $10 ].

(3) Replacement License plates:

(A) resident commercial oyster boat -- $25 [ $10 ]; and

(B) nonresident commercial oyster boat -- $25 [ $10 ].

(c) General, finfish, menhaden, mussel, clam, and miscellaneous licenses.

(1) Licenses and permits.

(A) resident commercial fishing boat -- $18;

(B) class A menhaden boat -- $4,200;

(C) class B menhaden boat -- $50;

(D) resident general commercial fisherman's -- $24;

(E) resident commercial mussel and clam fisherman's -- $36;

(F) resident shell buyer's -- $120;

(G) nonresident commercial fishing boat -- $72;

(H) nonresident general commercial fisherman's -- $180;

(I) nonresident commercial mussel and clam fisherman's -- $960;

(J) nonresident shell buyer's -- $1,800;

(K) menhaden fish plant permit -- $180;

(L) mussel dredge fee -- $36; and

(M) permit to sell non-game fish -- $60.

(2) License transfers.

(A) resident commercial fishing boat license transfer -- $10; and

(B) nonresident commercial fishing boat license transfer -- $10.

(3) Replacement license plates.

(A) resident commercial fishing boat -- $10; and

(B) nonresident commercial fishing boat -- $10.

(d) Crab licenses.

(1) Licenses and permits.

(A) resident commercial crab fisherman's -- $600; and

(B) nonresident commercial crab fisherman's -- $2,400.

(2) License transfers.

(A) Transfers between living persons.

(i) resident commercial crab fisherman's -- $600; and

(ii) nonresident commercial crab fisherman's -- $2,400.

(B) Transfers to heirs (as defined by Parks and Wildlife Code, §78.109).

(i) resident commercial crab fisherman's -- $10; and

(ii) nonresident commercial crab fisherman's -- $10.

(3) Duplicate license plates.

(A) resident commercial crab fisherman's -- $25 [ $10 ]; and

(B) nonresident commercial crab fisherman's -- $25 [ $10 ].

(e) Finfish licenses.

(1) Licenses and permits.

(A) resident commercial finfish fisherman's -- $360; and

(B) nonresident commercial finfish fisherman's -- $1,440.

(2) License transfers.

(A) Transfers between living persons.

(i) resident commercial finfish fisherman's -- $360; and

(ii) nonresident commercial finfish fisherman's -- $1,440.

(B) Transfers to heirs. A license may be transferred to an heir or devisee of the deceased holder of the commercial finfish license, but only if the heir or devisee is a person who in the absence of a will would be entitled to all or a portion of the deceased's property.

(i) resident commercial finfish fisherman's -- $10; and

(ii) nonresident commercial finfish fisherman's -- $10.

(3) Duplicate license plates.

(A) resident commercial finfish fisherman's -- $25 [ $10 ]; and

(B) nonresident commercial finfish fisherman's -- $25 [ $10 ].

[ (f) The provisions of this section other than those contained in subsections (a)(2)(B), (d)(2)(B), and (e)(2)(B) of this section take effect September 1, 2002. ]

§53.8.Miscellaneous Wildlife Licenses and Permits.

(a) Deer breeding and related permits. The following permit application processing fee amounts are effective beginning April 1, 2004 [ December 1, 1995 ], and thereafter.

(1) scientific breeder's-- $180 [ $150 ];

(2) deer purchase-- $30 [ $25 ]; and

(3) deer transport-- $30 [ $25 ].

(b) Game bird and animal breeding licenses [ . The following fee amounts are effective for the license year beginning September 1, 1996, and thereafter ]:

(1) game animal breeder's-- $75 [ $15 ];

(2) class 1 commercial game bird breeder's-- $180 [ $150 ]; and

(3) class 2 commercial game bird breeder's-- $25 [ $15 ].

(c) Falconry permits [ . The following permit fee amounts are effective for the license year beginning September 1, 1996, and thereafter ]:

(1) apprentice falconer's-- $60 [ $50 ];

(2) general falconer's-- $120 [ $100 ];

(3) master falconer's-- $180 [ $150 ];

(4) falconer's renewal-- $60 [ $50 ]; [ and ]

(5) nonresident raptor trapper's-- $360 [ $300 ] ; and

(6) raptor propagator permit--$60.

(d) Trap, transport and transplant permit [ . The following fees are effective December 1, 1995, and thereafter ]:

(1) nonrefundable application processing fee-- $180 [ $150 ]; and

(2) nonrefundable application processing fee for amendment to existing permit-- $30 [ $25 ].

(e) Urban white-tailed deer removal permit [ . The following fees are effective December 1, 1995, and thereafter ]:

(1) nonrefundable application processing fee-- $180 [ $150 ]; and

(2) nonrefundable application processing fee for amendment to existing permit-- $30 [ $25 ].

(f) Deer management permit [ . The following permit application processing fee amounts are effective beginning September 1, 1998, and thereafter ]:

(1) application for deer management permit--$1,000; and

(2) renewal of deer management permit-- $600 [ $500 ].

(g) Commercial nongame permits [ . The following permit fee amounts are effective for the license year beginning September 1, 1998, and thereafter ]:

(1) Resident Nongame [ Commercial Collector ] Permit-- $18 [ $15 ];

(2) Nonresident Nongame [ Commercial Collector ] Permit-- $60 [ $50 ];

(3) Resident Nongame [ Commercial ] Dealer Permit-- $60 [ $50 ]; and

(4) Nonresident Nongame [ Commercial ] Dealer Permit-- $240 [ $200 ].

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on April 14, 2003.

TRD-200302417

Gene McCarty

Chief of Staff

Texas Parks and Wildlife Department

Earliest possible date of adoption: May 25, 2003

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


31 TAC §53.10

The Texas Parks and Wildlife Department proposes an amendment to §53.10, concerning Vessel and Motor Fees Set by Commission. The amendment to §53.10 increases registration, title, and transfer fees for vessels. The fee increases range from $5 to $20. Transactions conducted under these rules result in a two-year period of validity for the required documentation affected by each. The amendment is necessary to enable the department to maintain current levels of service associated with discharging statutory obligations to register and track boat ownership in the state, and to enforce safe boating and Boating While Intoxicated laws. Registration, title, and transfer fees for boats have not been increased since 1996. During the intervening time, inflation has significantly increased the costs of doing business (such as the cost of office space and utilities).

Julie Horsley, acting director of budget and planning, Chief Financial Officer, has determined that for each of the first five years the rules as proposed are in effect, there will be fiscal implications to state and local governments as a result of enforcing or administering the rules. For each of the first five years the rules are in effect, state government is estimated to receive approximately $3.6 million per year in additional revenues from increased registration, title, transfer and duplicate fees. This estimate was derived by multiplying the proposed new fee for each type of transaction by the number of anticipated transactions for each type of fee. The number of anticipated transactions is based on a four-year average, adjusted down by 5% to reflect the potential reduction in transaction activity due to the fee increase. The estimate (1) assumes that boat registration and titling related activity will remain relatively constant over the next 5 years; and (2) has not been adjusted to reflect the 10% commission retained by counties (approximately 13% of all transactions). County tax assessors may realize a small revenue increase due to the proposed fee increases.

Ms. Horsley also has determined that for each of the first five years the rules as proposed are in effect, the public benefit anticipated as a result of enforcing or administering the rules as proposed will be the continued ability of the department to adequately conduct the water safety enforcement program and to provide efficient boat registration and titling services.

The rules are expected to have an economic effect on small and microbusinesses, namely in the amount of fees paid by any given business. Additionally, the economic effect on persons required to comply with the rules will be the amount of fees paid by each person. The public cost anticipated as a result of enforcing or administering the rules as proposed would be as follows: (1) Boat registration and titling related fee increases will range from $5 to $20, depending on the type of boat and required transactions.

The department does not require persons who purchase licenses or permits to supply detailed information as to the nature or scope of any commercial enterprise in which the license or permit is to be used. The department does not believe, however, that there are many, if any, businesses employing more than 100 persons that will be affected by the proposed rule. Therefore, the department has used the cost-per-employee method for comparing the cost of compliance for small businesses to the cost of compliance for the largest businesses affected by the proposed rule.

The proposed fee increases would impose a maximum per-employee cost ranging from $20.00 for a small business employing one person to $.50 for a small business employing 100 people. For microbusinesses, the maximum per-employee cost would range from $20.00 for one employee to $1.00 for a business employing 20 people. For large businesses, the minimum per-employee cost would be fractions of a dollar lower than the maximum cost of compliance for a small business.

As provided for by Government Code, Chapter 2006, the department has determined that it is not feasible to reduce the effects of the proposed rule on small businesses and microbusiness, considering the purposes of the statute under which the rules is proposed.

The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rules as proposed will not impact local economies.

The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rules.

Comments on the proposed rules may be submitted as follows: Comments regarding boat registration and titling related fees should be directed to Frances Stiles, Texas Parks and Wildlife Department 4200 Smith School Road, Austin, Texas, 78744; (512) 389-4860 (e-mail: frances.stiles@tpwd.state.tx.us).

The amendments are proposed under Parks and Wildlife Code, §§31.026, 31.037, 31.047, and §31.048, which authorize the commission to set fees for the issuance of original or renewal certificates of vessel numbers, duplicates, and transfers, and certificates of title and expedited certificates of title for boats.

The amendments affect Parks and Wildlife Code, Chapter 31.

§53.10.Vessel and Motor Fees Set by Commission.

The following vessel and motor fee amounts are effective September 1, 2003 [ March 1, 1996 ] and thereafter:

(1) expedited "quick" title to a vessel-- $35 [ $25 ];

(2) expedited "quick" title to a motor-- $35 [ $25 ];

(3) livery vessel-Class A-- $30 [ $15 ];

(4) vessel-Class A-- $30 [ $25 ];

(5) vessel-Class 1-- $50 [ $40 ];

(6) vessel-Class 2-- $70 [ $55 ];

(7) vessel-Class 3-- $90 [ $70 ];

(8) vessel-transfer of ownership-- $10 [ $5.00 ];

(9) vessel-duplicate certificate of number-- $10 [ $5.00 ];

(10) vessel-duplicate decals-- $10 [ $5.00 ];

(11) marine dealer/manufacturer number--$130; and

(12) certificate of title-- $25 [ $15 ].

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on April 14, 2003.

TRD-200302418

Gene McCarty

Chief of Staff

Texas Parks and Wildlife Department

Earliest possible date of adoption: May 25, 2003

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


Chapter 65. WILDLIFE

Subchapter A. STATEWIDE HUNTING AND FISHING PROCLAMATION

1. GENERAL PROVISIONS

31 TAC §65.34

The Texas Parks and Wildlife Department proposes new §65.34, concerning Managed Lands Deer (MLD) Permits- Mule Deer. The new section is necessary to expand the MLD program, which has proven to be successful in encouraging effective habitat management in those parts of the state with white-tailed deer, to include mule deer. In general, the new section will function by creating an incentive-based, habitat-focused permit program to facilitate the management goals of landowners and land managers. Specifically, the new section will function by: requiring an approved wildlife management plan (WMP) for permit issuance; establishing the minimum content of a WMP in terms of landowner-supplied data and habitat management practices; specifying the period of validity for permits and requirements for their use; providing for the waiver of regulatory requirements in the event of extenuating circumstances such as droughts and floods; establishing the conditions under which the department may exercise the right to cease issuing permits to individuals; and specifying an annual deadline for permit applications.

Robert Macdonald, regulations coordinator, has determined that for each of the first five years that the rule as proposed is in effect, there will be no fiscal implications to state and local governments as a result of enforcing or administering the rule.

Mr. Macdonald also has determined that for each of the first five years the rule as proposed is in effect, the public benefit anticipated as a result of enforcing or administering the rule as proposed will be the availability of flexible management opportunities for landowners and land managers, which will biologically benefit the resources the department is charged with protecting and, ultimately, their enjoyment by the people of this state.

There will be no adverse economic effect on small businesses, microbusinesses, or persons required to comply with the rule as proposed.

The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rule as proposed will not impact local economies.

The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rule.

Comments on the proposed rule may be submitted to Robert Macdonald, Texas Parks and Wildlife Department 4200 Smith School Road, Austin, Texas, 78744; (512) 389-4775 (e-mail: robert.macdonald@tpwd.state.tx.us).

The new section is proposed under the authority of 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.

The proposed new rule affect Parks and Wildlife Code, Chapter 61.

§65.34.Managed Lands Deer (MLD) Permits--Mule Deer.

(a) MLD permits for mule deer may be issued only to a landowner who has a current wildlife management plan (WMP) in accordance with subsection (b) of this section that specifies a harvest quota for both buck and antlerless mule deer. A WMP is not valid unless it is:

(1) consistent with Parks and Wildlife Code, §§61.053 and 61.056; and

(2) signed by a Wildlife Division biologist or technician. A WMP is valid for one year following the date of such signature.

(b) MLD permit issuance for mule deer shall be determined by the WMP as follows. MLD permits shall be issued to a landowner whose WMP includes:

(1) deer population data for both the current year and the two immediately preceding years;

(2) deer harvest data from the immediately preceding two years; and

(3) at least three recommended habitat management practices.

(c) An MLD issued under this subsection permits the take of antlerless and/or buck mule deer, as specified on the permit. An MLD permit issued under this paragraph is valid:

(1) only on the property for which it is issued (as described in the WMP); and

(2) for the period of time beginning seven days before the first day of the general open season for mule deer (in the county of issuance) through December 31 of the same year.

(d) All deer harvested by MLD permit must immediately be tagged with an appropriate tag (i.e., buck tag for buck deer, antlerless tag for antlerless deer) from the hunting license of the person who killed the deer. If an appropriate MLD permit is not attached immediately at the time of kill, the person who killed the deer shall immediately take the carcass to a location on the property where an appropriate MLD tag shall be attached.

(e) If a landowner in possession of MLD permits does not wish to abide by the harvest quota or habitat management practices specified by the WMP, the landowner must return all MLD permits to the department no later than one day prior to the date that the permits are valid under subsection (c) of this section.

(f) In the event that unforeseeable developments such as floods, droughts, or other natural disasters make the attainment of recommended habitat management practices impractical or impossible, the department may, on a case-by-case basis, waive the requirements of this section.

(g) The department reserves the right to deny further issuance of MLD permits to a landowner who exceeds the harvest quota specified by the WMP or who does not otherwise abide by the WMP. A property for which the department denies further permit issuance under this subsection is ineligible to receive MLD permits for a period of three years from the date of denial.

(h) MLD permit requests received by the department before August 15 of each year shall be approved or denied by November 1 of the same year.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on April 14, 2003.

TRD-200302420

Gene McCarty

Chief of Staff

Texas Parks and Wildlife Department

Earliest possible date of adoption: May 25, 2003

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


3. SEASONS AND BAG LIMITS--FISHING PROVISIONS

31 TAC §65.73

The Texas Parks and Wildlife Department proposes new §65.73, concerning Fishing Guide License - Required Documentation. The rule would require any person seeking a fishing guide license for use in coastal waters to possess a valid, appropriate U.S. Coast Guard Operator’s License. The Coast Guard currently requires persons fishing in saltwater to possess an operator’s license, but does not require an operator’s license for vessels in freshwater, except those that are defined (by the Coast Guard) as navigable. The rule is necessary to clarify that persons who guide in saltwater are required to show proof of possession of a Coast Guard operator’s license in order to obtain a fishing guide license for use in saltwater, and that they are subject to a higher license fee.

Robin Riechers, management director, has determined that for each of the first five years that the rule as proposed is in effect, there will be no fiscal implications to state and local governments as a result of enforcing or administering the rule.

Mr. Riechers also has determined that for each of the first five years the rule as proposed is in effect, the public benefit anticipated as a result of enforcing or administering the rule as proposed will be enhanced boating safety for those fishing in saltwater and enhanced compliance with current Coast Guard regulations.

There will be minimal adverse economic effects on small businesses, microbusinesses, and persons required to comply with the amendment as proposed. Persons working as fishing guides in saltwater will be required to show proof of a valid Coast Guard operator’s license prior to receiving a Texas guide license for fishing in saltwater. Since the operator’s license is already required, there will only be costs to those who have not been incompliance. Persons working as fishing guides in saltwater will have to spend an additional $75 for annual licensure, which is not believed to be burdensome, even to the person who infrequently or occasionally guides fishermen in exchange for pay or compensation.

The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rule as proposed will not impact local economies.

The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rule.

Comments on the proposed rule may be submitted to Paul Hammerschmidt, Texas Parks and Wildlife Department 4200 Smith School Road, Austin, Texas, 78744; (512) 389-4650 (e-mail: paul.hammerschmidt@tpwd.state.tx.us).

The new section is proposed under the authority of Parks and Wildlife Code, §47.004, which authorizes the Commission with authority to adopt rules governing the issuance and use of a fishing guide license.

The new rule affects Parks and Wildlife Code, Chapter 47.

§65.73.Fishing Guide License--Required Documentation.

(a) No person shall engage in business as a fishing guide in the coastal waters of this state unless that person possesses a fishing guide license and has paid the appropriate licensure fee for saltwater use.

(b) No person operating a vessel or boat as a fishing guide on or in the coastal waters of this state may be issued a Fishing Guide license unless the person presents documentation to the license deputy that the applicant possesses a valid and appropriate U. S. Coast Guard Operator’s License.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on April 14, 2003.

TRD-200302419

Gene McCarty

Chief of Staff

Texas Parks and Wildlife Department

Earliest possible date of adoption: May 25, 2003

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


Part 17. TEXAS STATE SOIL AND WATER CONSERVATION BOARD

Chapter 517. FINANCIAL ASSISTANCE

Subchapter B. COST-SHARE ASSISTANCE FOR BRUSH CONTROL

31 TAC §517.33, §517.34

The Texas State Soil and Water Conservation Board (State Board) proposes amendments to §517.33 and §517.34 to adequately safeguard brush control funds administered within the purview of this agency in a cost effective manner.

The proposed amendment adds §517.33(g) to outline the State Board's brush control contract auditing policy. Proposed §517.33(g)(1) is added to outline the parties and time period that brush control contracts are subject to audit. Proposed §517.33(g)(2) is added to establish records accessibility and records retention. Proposed §517.33(g)(3) and §517.33(g)(4) are added to describe the possible consequences resulting from brush control contract violations.

The proposed amendment also clarifies the documentation necessary for receiving brush control cost-share payments in §517.34(b).

James M. Moore, Executive Director, Texas State Soil and Water Conservation Board, has determined that for the first five-year period there will be no fiscal implications for state or local government as a result of administering these proposed rules.

Mr. Moore has also determined that for each year of the first five years these proposed rules are in effect, the public benefit anticipated as a result of administering these rules will be improved effectiveness of implementing the brush control program.

There is no anticipated cost to small businesses or individuals resulting from these proposed rules.

Comments on the proposal may be submitted in writing to James M. Moore, Executive Director, Texas State Soil and Water Conservation Board, P.O. Box 658, Temple, TX 76503, (254) 773-2250.

The amendments are proposed under the Agriculture Code Title 7, Chapter 203, §203.012, which authorizes the Texas State Soil and Water Conservation Board to adopt rules that are necessary to carry out the brush control program and §203.011, which provides authorization for the State Board to administer the brush control program.

No other statutes, articles, or codes are affected by this proposal.

§517.33.Contracts for cost-share.

(a)-(f) (No change.)

(g) Audits. It is the policy of the State Board to develop and implement audit guidelines that adequately safeguard assets administered within the purview of this agency in a cost effective manner.

(1) All parties to the contract are subject to audit by the State Board and/or SWCD for a period of two years after termination of the contract.

(2) The State Board and/or SWCD shall have access to all relevant applicant records, including all records of contractors and/or subcontractors that are pertinent to the contract, for the purpose of verifying compliance of contracts with the provisions of this subchapter and other state requirements. All parties shall maintain copies of performance certifications, contractor billing, and cancelled checks for a period of two years after termination as applicable to each party.

(3) The State Board and/or SWCD may withhold funds under this subchapter from applicants found to be in violation of the terms of the contract, this subchapter or other state requirements and may require applicants to reimburse the State Board for funds claimed and received in violation of this subsection or other state requirements.

(4) The State Board and/or SWCD may terminate a contract, in whole or in part, or negotiate a contract amendment in the event of a failure to comply with the terms of the contract provided that no such action may be effected unless the applicant is given not less than ten (10) days written notice (delivered by certified mail, return receipt requested).

(A) Upon receipt of a termination action, applicant will promptly discontinue all services affected, and deliver all materials and deliverables as may have been accumulated by applicant in performing this contract whether completed or in the process.

(B) If the State Board terminates this contract then, without prejudice to any other right or remedy of the State Board, applicant will be reimbursed for actual incurred costs that are allowable and eligible limited to the total maximum amount of the contract.

§517.34.Payment to recipients.

(a) (No change.)

(b) Upon satisfactory receipt of performance certifications, invoices, and other required documentation the [ The ] State Board shall cause payment for cost-share assistance to be issued to the applicant.

(c)-(d) (No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on April 9, 2003.

TRD-200302351

James M. Moore

Executive Director

Texas State Soil and Water Conservation Board

Earliest possible date of adoption: May 25, 2003

For further information, please call: (254) 773-2250