PART 2. TEXAS PARKS AND WILDLIFE DEPARTMENT
SUBCHAPTER A. FEES
The Texas Parks and Wildlife Department proposes the repeal of §53.18 and amendments to §§53.2 - 53.17 and 53.30, concerning Fees.
The proposed repeal of §53.18 and the proposed amendments to §§53.10, 53.14 - 53.17 and 53.30 are either wholly or in part necessary as a result of the department's review of its regulations under the provisions of Government Code, §2001.039, which requires a state agency to review each of its regulations no less frequently than every four years and to readopt, adopt with changes, or repeal each rule as a result of the review. The remaining portions of this proposed rulemaking would increase fees for a number of commercial and recreational licenses and permits, as well as for boat registration and titling.
The proposed amendments that would implement fee increases 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 license and permits have not been increased since 2003. An analysis of operational expenses since the last fee increase indicates that aggregate major expenses (Salaries and Wages, Other Personnel Costs, Professional Fees and Services, Fuels and Lubricants, Consumable Supplies, Utilities, Travel, Building Rentals, Machine Rentals, Other Operating Expense, and Capital Expenditures) have increased at approximately 6.1% per year. Therefore, the department has determined that a fee increase is necessary. The proposed fees, except where noted, would be increased by 5%, rounded up to the nearest whole dollar. This calculation is intended to provide the department with the minimum amount of revenue necessary to maintain current operations.
The proposed repeal of §53.18, concerning Other Fees, is necessary because the contents of §53.18 are proposed for relocation to §53.16, concerning Vessel, Motor, and Marine Licensing Fees. The proposed repeal is nonsubstantive in nature and does not remove, create, alter, or increase any fees.
The proposed amendment to §53.2, concerning License Issuance Procedures, Fees, Possession, and Exemption Rules, would establish a fee of $100 for reinstatement or re-issuance of a license or permit that has been denied or revoked by the department. The amendment is necessary because the department incurs a cost in maintaining systems to document and track the status of persons who are not eligible for licensure or permit issuance because of criminal convictions, civil penalties, or failure to pay child support. At the current time there are 7,415 license and permit restrictions being tracked by the department. The proposed fee would help to offset the cost to the department of maintaining those systems and would have the additional benefit of encouraging people to avoid activities that could lead to license or permit denial or revocation.
The proposed amendment to §53.3, concerning Combination Hunting and Fishing License Packages, would increase the fee for the resident combination hunting and freshwater fishing package (from $47 to $50), the resident combination hunting and saltwater fishing package (from $52 to $55), the resident combination hunting and "all-water" fishing package (from $57 to $60), the resident senior combination hunting and freshwater fishing package (from $15 to $16), the resident senior combination hunting and saltwater fishing package (from $20 to $21), the resident senior combination hunting and "all-water" fishing package (from $25 to $26); the resident super combination hunting and "all-water" fishing package (from $64 to $68), and the resident senior super combination hunting and "all-water" fishing package (from $30 to $32).
The proposed amendment to §53.4, concerning Lifetime Licenses, would change the name of the license from the "lifetime resident hunting and fishing license" to the lifetime resident super combination hunting and all-water fishing license package." The proposed amendment would increase the fee for the lifetime resident combination hunting and fishing license (from $1,000 to $1,800), the lifetime resident hunting license (from $600 to $1,000), the lifetime resident fishing license (from $600 to $1,000), and the upgrade from a lifetime resident hunting or fishing license to the lifetime resident super combination hunting and all-water fishing license (from $400 to $800). The proposed fee increase is necessary because the department has determined that at current fee values, the sales of lifetime licenses result in long-term revenue loss for the department. For instance, the fees for a hunting license and all required stamps would currently total $44. The lifetime hunting license ($600) therefore represents approximately 13.6 years of license purchases. Thus, if a person purchases a lifetime hunting license, the department loses revenue beginning with the 14th year following purchase, since that person will never purchase another license or stamp. For the lifetime fishing license, this figure is 15.8 years, and for the lifetime combination license, the figure is 15.6 years. The proposed fee increases would delay revenue losses to the department by extending the average time period to approximately 25 years. Also, the fees for the lifetime licenses were not increased in 2003 during the last fee increase, and have not been increased since 1996. The proposed amendment would also implement eligibility requirements and a fee for entering a computerized drawing for a lifetime hunting and fishing super combination license package that includes a one-year subscription to the Texas Parks and Wildlife Magazine. Participation would be limited to persons 17 years of age or older at $5 per entry. Winners could transfer the license to another person, who must be a Texas resident, within 30 days of being notified of winning. The proposed lifetime license drawing is intended to generate additional revenue to defray the operating expenses of the department.
The proposed amendment to §53.5, concerning Recreational Hunting Licenses, Stamps, and Tags, would increase the fee for the resident hunting license (from $23 to $25), the senior resident hunting license (from $6 to $7), the youth hunting license (from $6 to $7), the general nonresident hunting license (from $300 to $315), the nonresident special hunting license (from $125 to $132), the nonresident five-day special hunting license (from $45 to $48), the nonresident spring turkey hunting license (from $120 to $126), and the nonresident banded bird hunting license (from $25 to $27).
The proposed amendment to §53.6, concerning Recreational Fishing Licenses, Stamps, and Tags, would increase the fee for the resident fishing license (from $23 to $25), the special resident "all-water" fishing license (from $6 to $7), the senior resident fishing license (from $6 to $7), the "year-from-purchase" resident fishing license (from $30 to $32), and the non-resident fishing license (from $50 to $53), the resident freshwater fishing package (from $28 to $30), the resident saltwater fishing package (from $33 to $35), the resident "all-water" fishing package (from $38 to $40), the senior resident freshwater fishing package (from $11 to $12), the senior resident saltwater fishing package (from $16 to $17), the senior resident "all-water" fishing package (from $21 to $22), the resident "year-from-purchase all-water" fishing package (from $45 to $47), the resident one-day "all-water" fishing license (from $10 to $11), the non-resident freshwater fishing package (from $55 to $58), the non-resident saltwater fishing package (from $60 to $63), the non-resident "all-water" fishing package (from $65 to $68), the non-resident one-day "all-water" fishing license (from $15 to $16), the individual bait-shrimp trawl tag (from $35 to $37) and the saltwater trotline tag (from $4 to $5).
Although the proposed amendment to §53.6 provides for an increase in the resident and non-resident fishing licenses, these licenses are only sold as part of freshwater, saltwater, or "all water" fishing license packages. The freshwater fishing packages include the fishing license and the $5 freshwater stamp. The saltwater fishing packages include the fishing license and the $10 saltwater stamp. "All-water" license packages consist of the fishing license, the freshwater stamp, and the saltwater stamp. The freshwater stamp and the saltwater stamp fees are not being increased by this proposal.
The proposed fees in §53.6 for the senior resident "all-water" fishing package, the resident "year-from-purchase all-water" fishing package, and the non-resident "all-water" fishing package represent an increase of 5%, but were rounded down to the nearest dollar rather than up to the nearest dollar. The price of a fishing license package must be the sum of the individual items in the package. Since the department is not raising the fees for stamps, the 5% proposed fee increase on the license portion of the package, rounded up to the next whole dollar amount, would yield a price in excess of the sum of the individual items; therefore, the fee amounts were rounded down.
The proposed amendment to §53.7, concerning Furbearing Animal Licenses and Permits, would increase the fee for the resident trapper's license (from $18 to $19), the non-resident trapper's license (from $300 to $315), the resident wholesale fur dealer's permit (from $180 to $189), the non-resident wholesale fur dealer's permit (from $250 to $263), and the furbearing animal propagation permit (from $90 to $95).
The proposed amendment to §53.8, concerning Alligator Licenses, Permits, Stamps, and Tags, would increase the fee for the wild-caught alligator hide tag (from $20 to $21), the alligator import permit (from $100 to $105), the alligator management tag (from $5 to $6), the alligator export fee (from $4 to $5), the farm-raised alligator hide tag (from $4 to $5), the commercial WMA alligator hide tag (from $120 to $126), the alligator farmer's permit (from $240 to $252), the alligator nest stamp (from $60 to $63), the resident alligator retail dealer's permit (from $120 to $126), the non-resident alligator retail dealer's permit (from $480 to $504), the resident wholesale alligator dealer's permit (from $240 to $252), and the non-resident wholesale alligator dealer's permit (from $960 to $1,008).
The proposed amendment to §53.9, concerning Falconry Permits, would increase the fee for the apprentice falconer's permit and renewal (one-year: from $20 to $21; two-year: from $40 to $42; three-year: from $60 to $63); the general falconer's permit and renewal (from $120 to $126); master falconer's permit and renewal (from $180 to $189); the nonresident raptor trapper's permit (from $360 to $378); and the raptor propagator permit (from $60 to $63). Falconry permits may be issued on a one-year, two-year, or three-year basis. At the current time, only the apprentice falconry permits are issued on other than a three-year basis.
The proposed amendment to §53.10, concerning Public Hunting and Fishing Permits and Fees, would add new §53.10(a)(5) to relocate the fee for the mentored hunting permit from current §53.17(c). The amendment is necessary in order to ensure that all fees affecting public hunting permits are located in the same section. This change is nonsubstantive; however, the proposed amendment also would increase the fees for the special standard-period hunting permit (from $75 to $80), the daily (regular) hunting permit (from $15 to $20), the special extended period hunting permit (from $125 to $130), the competitive hunting dog field trial permit fees (10 or less participants: from $100 per day to $105 per day, 11-25 participants: from $200 per day to $210 per day, 26-50 participants: from $300 per day to $315 per day, 51-75 participants: from $400 to $420 per day, 76 or more participants: from $500 per day to $525 per day. The proposed fees for special standard-period hunting permit, the daily (regular) hunting permit and the special extended period hunting permit diverge from the 5% increase (rounded up to the nearest whole dollar) formula. Because many of these permits are issued manually at wildlife management areas and state parks, it is not always possible for department staff to make change, which is also a fiscal control issue. Therefore, the fees in question were rounded up or down to the nearest ten-dollar increment.
The proposed amendment to §53.11, concerning Commercial Hunting Licenses and Permits, would increase the fee for hunting lease licenses as follows: less than 500 acres (from $75 to $79), more than 500 acres but less than 1,000 acres (from $140 to $147), and 1,000 acres or more (from $240 to $252). The proposed amendment also would increase the fee for the wildlife management association area hunting lease licenses as follows: less 10,000 acres (from $36 plus $5 per participating landowner to $38 plus $6 per participating landowner), between 10,000 and 50,000 acres (from $72 plus $5 per participating landowner to $76 plus $6 per participating landowner), over 50,000 acres (from $144 plus $5 per participating landowner to $152 plus $6 per participating landowner). The proposed amendment also would increase the fee for the private bird hunting area license (from $80 to $84) and the field trial permit (from $60 to $63).
The proposed amendment to §53.12, concerning Commercial Fishing Licenses and Tags, would increase the fees in §53.12(b)(1) for the resident commercial oyster boat license (from $420 to $441), the resident sport oyster boat license (from $12 to $13), the resident commercial oyster boat captain's license (from $30 to $32), the resident commercial oyster fisherman's license (from $120 to $126), the non-resident commercial oyster boat license (from $1,680 to $1,764), the non-resident sport oyster boat license (from $48 to $51), the non-resident commercial oyster boat captain's license (from $120 to $126), and the non-resident commercial oyster fisherman's license (from $300 to $315).
The proposed amendment to §53.12 would alter subsection (a)(1) and (3) to increase the fees for the resident commercial bait-shrimp boat license/transfer (from $348 to $366), the nonresident commercial bait-shrimp boat license/transfer (from $750 to $788), the resident commercial shrimp boat captain's license (from $30 to $50), and the non-resident commercial shrimp boat captain's license (from $120 to $126). The proposed amendment to §53.12 also would alter subsection (c)(1) to increase the resident commercial fishing boat license (from $25 to $27), the nonresident commercial fishing boat license (from $25 to $100), the resident general commercial fisherman's license (from $24 to $26), the resident commercial mussel and clam fisherman's license (from $36 to $38), the resident shell buyer's license (from $120 to $126), the non-resident general commercial fisherman's license (from $180 to $189), the non-resident commercial mussel and clam fisherman's license (from $960 to 1,008), the non-resident shell buyer's license (from $1,800 to $1,890). The proposed amendment to §53.12 would alter subsection (d) to increase the resident commercial crab fisherman's license/transfer (from $600 to $630), and the non-resident commercial crab fisherman's license/transfer (from $2,400 to $2,520).
The proposed fee increases in §53.12(c)(1)(A) for the resident commercial fishing boat license and the nonresident commercial fishing boat licenses are greater than 5% (rounded upward to the nearest whole dollar). In the case of the nonresident commercial fishing boat license, Parks and Wildlife Code, §47.007(e), requires a fee of not less than $60 for the nonresident commercial fishing boat license; however the commercial fishing boat license was inadvertently eliminated in 2007 as a result of a license simplification initiative. At the time, the nonresident commercial fishing boat license was $72. Because the fee is required by statute, the license and the fee are being reinstated. The fee amount, however, is being increased to $100 rather than at a 5% increase (rounded upward to the nearest whole dollar) because the department has determined that this license is underpriced in comparison to other, similar commercial vessel fees.
The proposed fee increase in §53.12(a)(1)(D) for the resident commercial shrimp boat captain's license is also greater than 5%. Prior to 1995, deckhands on commercial shrimp boats were required to possess a general commercial fisherman's license. Senate Bill 814, enacted by the 74th Texas Legislature in 1995, created the commercial shrimp boat captain's license in Parks and Wildlife Code §77.0351 and amended Parks and Wildlife Code §47.002 to remove the requirement that deckhands possess a commercial fisherman's license. This change resulted in a loss of revenue for the department because multiple people could work under a single license. At that time, the fee for the resident commercial shrimp boat captain's license was $25. The current fee of $30 was implemented in 2002. Under Parks and Wildlife Code, §77.0351, the department may not establish a fee of greater than $50 for the resident commercial shrimp boat captain's license. The proposed amendment to §53.12(a)(1)(D) would implement the statutory maximum fee, and is necessary to replace a portion of the revenue lost since 1995 as a result of the removal of the requirement that deckhands possess a commercial fisherman's license.
The proposed amendment to §53.12 does not increase the fee amounts for the resident and nonresident commercial gulf shrimp boat licenses in §53.12(a)(1)(A) and (B), or the resident and nonresident commercial bay shrimp boat licenses in §53.12(a)(1)(E) and (F), but does adjust those fees to reflect the total price paid by the purchaser. Purchasers of resident and nonresident commercial gulf shrimp boat licenses and resident and nonresident commercial bay shrimp boat licenses are required to pay a shrimp marketing account surcharge imposed by Parks and Wildlife Code, §77.002(c). The shrimp marketing account surcharge is 10% of the fee amounts in effect for those licenses in 1995. The shrimp marketing account surcharge, which is set out for informational purposes in §53.12(a)(2), is not being increased by this proposed rulemaking. Although the proposed amendment would not alter the fees for the resident and nonresident commercial gulf shrimp boat licenses or the resident and nonresident commercial bay shrimp boat licenses, the amendment does reflect the total fee paid by license purchasers, which includes the shrimp marketing account surcharge.
The proposed amendment to §53.13, concerning Business Licenses and Permits (Fishing), would increase the fee for the wholesale fish dealer's truck license (from $510 to $590), the individual bait dealer's license (from $36 to $38), the bait dealer's place of business/building license (from $36 to $38), the bait dealer's place of business/vehicle license (from $36 to $38), the bait shrimp dealer's license (from $204 to $215), the finfish import permit (from $90 to $95), the freshwater fishing guide license (from $125 to $132), the resident all-water fishing guide license (from $200 to $210), and the non-resident all-water fishing guide license (from $1,000 to $1,050). The retail fish dealer, retail fish dealer's truck, wholesale fish dealer, and the wholesale fish dealer's truck licenses are required to include the shrimp marketing account surcharge, discussed previously in connection with the proposed amendments to §53.12(a)(1). The shrimp marketing account surcharge for these licenses, which is set out for informational purposes in §53.13(b), is not being increased by this proposed rulemaking. The proposed amendment would increase the fee for the wholesale fish dealer's truck license, but $51 of that increase is for the shrimp marketing account surcharge. The proposed amendment would not increase the base fee amounts for the retail fish dealer's, the retail fish dealer's truck, and wholesale fish dealer's licenses, but would adjust the retail fish dealer, retail fish dealer's truck, wholesale fish dealer, and the wholesale fish dealer's truck licenses to reflect the current total price paid by the purchaser, including the shrimp marketing account surcharge imposed by Parks and Wildlife Code, §77.002(c).
The proposed amendment to §53.14, concerning Deer Management and Removal Permits, would eliminate subsection (b) because the Trap, Transport, and Transplant permit is not restricted to deer. The contents of subsection (b) are being relocated to §53.15, concerning Miscellaneous Fisheries and Wildlife Licenses and Permits. The proposed amendment also updates terminology to reflect legislative changes. House Bill 1308, enacted by the 80th Texas Legislature, amended Parks and Wildlife Code, Chapter 43, Subchapter L, to change the term "scientific breeder" to "deer breeder." These changes are nonsubstantive; however, the proposed amendment also would increase the antlerless and spike buck deer control permit application processing fee (from $360 to $378).
The proposed amendment to §53.15, concerning Miscellaneous Fisheries and Wildlife Licenses and Permits, would add a new subsection (a) to contain the fees associated with the Trap, Transport, and Transplant Permit, which is being relocated from §53.14, concerning Deer Management and Removal Permits. The amendment is necessary because the Trap, Transport, and Transplant permit is not restricted to deer. These changes are nonsubstantive. However, the proposed amendment to §53.15 also would increase the fees for the game animal breeder's license (from $75 to $79), the Class 1 commercial game bird breeder's license (from $180 to $189), and the Class 2 commercial game bird breeder's license (from $25 to $27), the resident nongame permit (from $18 to $19), the nonresident nongame permit (from $60 to $63), the resident nongame dealer permit (from $60 to $63); the nonresident nongame dealer permit (from $240 to $252), the nongame species sales permit (from $200 to $210); the nongame species sales permit renewal (from $200 to $210), the zoological collection permit application (from $150 to $158), the scientific research permit application (from $50 to $53), the educational display permit application (from $50 to $53), the exotic species permit fee for new, renewed or amended application requiring facility inspection (from $250 to $263), the exotic species permit fee for renewed or amended application not requiring facility inspection (from $25 to $27), the exotic species permit fee for renewal application received more than one year after renewal date (from $250 to $263), the triploid grass carp permit application (from $15 to $16, but does not alter the $2 fee per triploid grass carp requested), the exotic species interstate transport permit application fee--individual (from $25 to $27), the exotic species interstate transport permit application fee--annual (from $100 to $105), the aerial management permit (from $200 to $210), the offshore aquaculture permit or renewal--from 1,500 to $1,575, and the double-crested cormorant control permit (from $12 to $13).
The proposed amendment to §53.16, concerning Vessel, Motor, and Marine Licensing Fees, would incorporate the contents of current §53.18, which is being proposed for repeal. The proposed amendment also would eliminate current §53.16(d)(1) which has expired on its own terms and is no longer necessary. These changes are nonsubstantive; however, the proposed amendment also would increase the registration fee for a Class A livery vessel (from $30 to $32), a Class A vessel (from $30 to $32), a Class 1 vessel (from $50 to $53), a Class 2 vessel (from $70 to $110) and a Class 3 vessel (from $90 to $200). The proposed amendment also would increase the titling fee for a certificate of title (from $25 to $27), a bonded certificate of title (from $35 to $37), an expedited certificate of title for a vessel or motor (from $35 to $37), a certified ownership history report for a vessel or motor (from $10 to $11), a party boat annual inspection (from $125 to $132), a party boat operator's license (from $125 to $132), the party boat operator's license renewal (from $50 to $53), the party boat operator's replacement/update license (from $50 to $53), the marine dealer, distributor or manufacturer's license/license transfer (from $500 to $525), an additional marine dealer, distributor or manufacturer's decal/card (from $120 to $126), a marine, dealer or manufacturer's change of location transfer (from $10 to $11), an update or correction to current license information (from $3 to $4), and duplicate/transfer fees for vessel transfer of ownership, vessel duplicate certificate of number, and vessel duplicate decals (from $10 to $11). The proposed increase for registration fees (two-year period of validity) would implement a 5% (rounded upward to the nearest whole dollar) increase for Class A and Class 1 vessels, which is consistent with other fee increases in this rulemaking; however, the fee increases for registering Class 2 and Class 3 vessels would implement larger fee increases. The proposed fee for registering a Class 2 vessel (a vessel 26-40 feet in length) would increase from $70 to $110 (57%), and the fee for registering a Class 3 vessel ( a vessel of greater than 40 feet in length) would increase from $90 to $200 (122%). The proposed fee increases for Class 2 and Class 3 vessels are necessary because although Class 2 and Class 3 vessels constitute 3.2% of the vessels registered in Texas, the department has determined that registration fees for larger vessels in Texas have been underpriced compared to the registration fees paid in the other states on the Gulf of Mexico (all of which are similar to Texas in terms of the type of boating opportunity available) for similar smaller vessels. For instance, in Florida the two-year registration fee for the equivalent of a Class 2 vessel is $166. In Louisiana, the fee for an equivalent vessel is $128. In Alabama, the fee is $150. For the equivalent of a Class 3 vessel, these fees are $325, $192, and $200, respectively.
The proposed amendment to §53.17, concerning Miscellaneous Fees, would remove current subsection (c), which is being relocated to §53.10, concerning Public Hunting and Fishing Permits and Fees. The proposed amendment is necessary to locate all fees for public hunting permits in a single section.
The proposed amendment to §53.30, concerning Facility Admissions and Use Fees, would nonsubstantively redesignate the fees listed in paragraph (1) in order to make the structure of the rule consistent with other rules.
Ms. Julie Horsley, Director of Planning and Analysis, 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 estimates a total increase of $6,398,823 in net revenues will be realized from increased license, permit, application, boat titling and boat registration fees. This total consists of $3,488,731 in estimated revenue from the sale of all licenses and permits other than lifetime licenses, plus $1,082,864 in estimated additional fee revenue from the sale of lifetime licenses, $67,511 in estimated revenue from the sale of entries to participate in a drawing for a free resident lifetime super combination hunting and fishing license package, and $1,712,717 in revenue from boat titling and registration fees, miscellaneous report fees, inspection fees, party boat fees and marine licensing fees.
The estimated revenue from hunting and fishing licenses and other permit and application fees was derived by multiplying the proposed new fee for each item by the estimated number of transactions for each item, then adjusting to reflect the 4% average commission retained by license deputies. The number of anticipated transactions was based on FY2008 figures, adjusted down by 2% to reflect the probable but not certain decrease in volumes due to the price increases.
The estimated revenue from lifetime license fees was derived by multiplying the proposed new fee for each item by the estimated number of transactions for each item. The amount was not adjusted to reflect the 4% average commission retained by license deputies because lifetime licenses are not available at retail outlets.
The estimated revenue from boat registration and titling related fee increases was derived by multiplying the proposed new fee for each item by the estimated number of transactions for each item. The number of anticipated transactions was based on a four-year average of transactions (FY2004-2007), to reflect two boat registration cycles. (Boat registration validity is two years.)
The department expects to realize revenue from fees paid for entering a computerized drawing for lifetime hunting and fishing super combination license package; however, this is a new fee and there is no historical data upon which to base an estimate of potential participation. A response rate of 1% is considered to be an industry standard for participation in activities such as the lifetime license lottery. The department estimates a net increase in revenue of $67,511 per year as a result of the sale of opportunities to participate in a drawing for a lifetime resident super combination hunting and fishing license package. This figure was determined by adding the current sales volume of resident hunting and youth-hunting (399,317), combo and supercombo (479,613) and resident fishing package sales (792,140), taking 1% of that figure (16,711), and multiplying it by the proposed cost of one drawing opportunity ($5), which yields a gross revenue of $83,544. This figure was adjusted to reflect the 4% average commission paid to license vendors and the $.76 per transaction fee paid to the operator of the department's electronic point-of-sale licensing system. The department did not include senior license purchasers, nonresidents, or purchasers of one-day licenses in this calculation. Senior license purchasers and one-day license purchasers are unlikely to purchase lifetime licenses in appreciable numbers, and nonresidents are ineligible to hold lifetime licenses.
The department expects to realize additional revenue from the imposition of a $100 for application for reinstatement of denied or revoked licenses and permits. Over the last three fiscal years (2005-06, 2006-07, 2007-08), an average of 1,435 license and permit restrictions have been documented and tracked by the department, with an average of 470 reinstatements per year over the same period. The department estimates that three hours per applicant for reinstatement is spent on administrative activity related to verifying compliance with court orders and criminal and civil restrictions. The anticipated annual revenue from the $100 fee for application for reinstatement of denied or revoked licenses and permits, based on the last three years of data, is expected to be $47,000. This total was obtained by multiplying the average number of licenses and permits reinstated per year (470) by the fee ($100). The current cost to the department of maintaining and operating a program to track persons who are not legally permitted to buy a given license or permit is approximately $50,000 per year; therefore, the estimated net revenue to the department will approximately offset the current cost to the department of administering the program.
Mr. Robert Macdonald, regulations coordinator, 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 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.
Under the provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic affect on small businesses and micro-businesses. As required by Government Code, §2006.002(g), the Office of the Attorney General has prepared guidelines to assist state agencies in determining a proposed rule's potential adverse economic impact on small businesses. Those guidelines state that an agency need only consider a proposed rule's "direct adverse economic impacts" to small businesses and micro-businesses to determine if any further analysis is required. For that purpose, the department considers "direct economic impact" to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services.
The department has determined that the licenses, permits, and tags affected by the proposed amendments to §§53.2 - 53.6, 53.9, 53.10, 53.14, and 53.30 regulate various aspects of recreational license privileges that allow individual persons to pursue and harvest wildlife resources in this state and therefore do not directly affect small businesses or micro-businesses. Therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required for the proposed amendments to those sections.
The department has determined that 71 licenses and permits affected by the proposed amendments to §§53.7, 53.8, 53.12, 53.13, 53.15, and 53.16 are or may be used as commercial licenses and that therefore the proposed amendments to those sections would or might result in direct negative economic impacts on small businesses or microbusinesses. For purposes of this analysis, the department assumes that every business affected by the proposed amendments is a small business or microbusiness.
In FY 2008, the department issued 40,222 licenses and/or permits that the department has determined are or can be used by small businesses or microbusinesses. Although in some cases a single business might need several licenses, in order to ensure that the analysis captured the maximum number of businesses that might be directly affected by the proposed rules, the department treated each license or permit as a separate business. Therefore, the department estimates that 40,222 businesses would incur a direct adverse economic impact as a result of the fee increases that affect commercial licenses. For purposes of this analysis, the department assumes that all businesses affected by the proposed rules are small- or microbusinesses. In all cases, the direct adverse economic impact consists solely of the proposed fee increase for each license or permit. Other than the fee increase, the proposed rules would not add new reporting or recordkeeping requirements; require any new professional expertise, capital costs, or costs for modification of existing processes or procedures; lead to loss of sales or profits; change market competition; or increase taxes.
The purpose of the proposed amendments is to generate additional revenue sufficient to allow the department to continue maintain current levels of service to the public. The department considered several alternatives to achieve the purpose of the rules while minimizing adverse impacts on small- and microbusinesses. The department considered leaving current fee amounts as they are; however, the department would be unable to maintain current levels of service and would be forced to reduce or eliminate programs and personnel. The department also considered the possibility of additional revenue sources, such as the proposed fee to enter a drawing for a free resident lifetime super combination hunting and fishing license package proposed in this rulemaking, but concluded that such approaches do not come close to achieving the purpose of the rule, and in fact produce additional revenue at a very modest level. Although the proposed amendment includes a proposed fee to enter a drawing for a free resident lifetime super combination hunting and fishing license package, that revenue source alone would be insufficient to maintain current levels of service to the public. Another alternative the department considered was to restrict fee increases to recreational licenses only, but since all users--including commercial licensees and permittees--benefit from the resource management and enforcement activities provided by the department, the department concluded that not only would restricting fee increases to recreational licenses not produce the desired result of the rulemaking, which is to generate revenue sufficient to maintain current operations and services, but it would also be unfair to other users who also pay for department services.
The department has not drafted a local employment impact statement under the Administrative Procedure Act, Government Code, §2001.022, as the agency has determined that the rules as proposed will not impact local economies.
The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rules.
The department has determined that there will not be a taking of private real property, as defined in Government Code, Chapter 2007, as a result of the proposed rules.
Comments on the proposed rules 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).
DIVISION 1. LICENSE, PERMIT, AND BOAT AND MOTOR FEES
The amendments are proposed under the authority of Parks and Wildlife Code:
Chapter 11: §11.027, which authorizes the commission to establish a fee to cover costs associated with the review of an application for a permit required by the code; to sell any item in the possession of the department in which the state has title, or acquire and resell items if a profit can be made, to charge a fee for the use of a credit card to pay a fee assessed by the department in an amount reasonable and necessary to reimburse the department for the costs involved in the use of the card, and a fee for entering, reserving, or using a facility or property owned or managed by the department; §11.0271, which authorizes the department to establish participation fees, not to exceed $25 per species for each participant on an application, in drawings for special hunting programs, packages, or events that exceed the costs of operating the drawing only if the fees charged are designated for use in the management and restoration efforts of the specific wildlife program implementing each special hunting program, package, or event; §11.0272, which authorizes the commission to approve participation fees, not to exceed $25 per species or event for each participant on an application, in drawings for special fishing or other special programs, packages, or events the costs of which exceed the costs of operating the drawing only if the receipts from fees charged are designated for use in the management and restoration efforts of the specific fishery or resource program implementing each special fishing or other special program, package, or event;
Chapter 31: §31.006, which authorizes the commission to adopt rules regarding dealer's, distributor's, and manufacturer's licenses and §31.039 which authorizes the commission to charge a fee for access to ownership and other records;
Chapter 42: §42.012, which authorizes the commission to establish a fee for a resident hunting license; §42.0121, which authorizes the commission to establish a fee for a lifetime resident hunting license; §42.014, which authorizes the commission to establish a fee for a nonresident special hunting license; §42.0141, which authorizes the commission to establish a fee for a general nonresident hunting license; §42.0142, which authorizes the commission to establish a fee for banded bird hunting licenses; §42.0143, which authorizes the commission to establish a fee for a nonresident five-day special hunting license; and §42.0144, which authorizes the commission to establish a fee for a nonresident spring turkey hunting license;
Chapter 43: §43.022, which authorizes the commission to establish a fee for permits for scientific, educational, and zoological permits; §43.044, which authorizes the commission to establish a fee for hunting lease licenses; §43.0721, which authorizes the commission to establish a fee for a private bird hunting area license; §43.0722, which authorizes the commission to establish a fee for a private bird hunting area license; §43.0764, which authorizes the commission to establish a fee for a field trial permit; §43.110, which authorizes the commission to establish a fee for a permit that authorizes the management of wildlife or exotic animals by the use of aircraft; §43.554, which authorizes the commission to establish a fee for a permit to allow a licensed fish farmer to take a specified quantity of fish brood stock from specified public water; and §43.003, which authorizes the commission to establish a fee for a game breeder's license;
Chapter 45: §45.003, which authorizes the commission to establish a fee for commercial game bird breeder's licenses;
Chapter 46: §46.004, which authorizes the commission to establish fees for a resident fishing license, a nonresident fishing license, and a lifetime resident fishing license; §46.005, which authorizes the commission to establish the period of validity and a fee for resident and nonresident temporary sportfishing licenses; §46.006, which authorizes the commission to establish a fee for duplicate fishing licenses and tags; §46.007, which authorizes the commission to establish a period of validity for fishing licenses and tags; and §46.0085, which authorizes the commission to issue tags for finfish;
Chapter 47: §47.002, which authorizes the commission to establish a fee for a resident or nonresident general commercial fisherman's license; §47.003, which authorizes the commission to establish a fee for a resident or nonresident commercial finfish fisherman's license; §47.004, which authorizes the commission to establish a fee for a fishing guide license; §47.007, which authorizes the commission to establish a fee for a commercial fishing boat license; §47.009, which authorizes the commission to establish a fee for a retail fish dealer's truck license; §47.014, which authorizes the commission to establish a fee for bait dealer's licenses; and §47.075, which authorizes the commission to establish a fee for a commercial finfish fisherman's license;
Chapter 49: §49.014, which authorizes the commission to establish a fee for any falconry, raptor propagation, or nonresident trapping permit;
Chapter 50: §50.001, which authorizes the commission to establish combination licenses and packages and the fees for each;
Chapter 65: §65.003, which authorizes the commission to establish a fee for permits that govern the taking, possession, propagation, transportation, exportation, importation, sale, and offering for sale of alligators, alligator eggs, or any part of an alligator; §65.004, which authorizes the commission to establish a fee for a resident or nonresident alligator hunter's license, a nonresident alligator hunter's license;
Chapter 66: §66.007, which authorizes the commission to establish rules governing permits to import, possess, sell, or place into water of this state exotic harmful or potentially harmful fish, shellfish, or aquatic plants; §66.017, which authorizes the commission to establish the period of validity for licenses, permits, and tags issued under the authority of Chapter 66; §66.018, which authorizes the commission to establish a fee for a crab trap tag; §66.020, which authorizes the commission to establish a fee for permits authorizing the sale and purchase of protected fish; §66.206, which authorizes the commission to establish a fee for tags for trotlines used in public salt water;
Chapter 67: §67.0041, which authorizes the commission to establish a fee for permits for the taking, possession, propagation, transportation, sale, importation, or exportation of a nongame species of fish or wildlife;
Chapter 71: §71.002, which authorizes the commission to establish a fee for a resident or nonresident trapper's license, a resident or nonresident wholesale fur dealer's license, and a fur-bearing animal propagation permit;
Chapter 76: §76.006, which authorizes the commission to establish a fee for a certificate authorizing the applicant to plant oysters and make a private oyster bed in the public water of the state; §76.017, which authorizes the commission to establish a fee for a certificate of location for a private oyster bed; §76.018, which authorizes the commission to establish the period of validity for licenses issued under authority of Chapter 76; §76.104, which authorizes the commission to establish a fee for a commercial oyster boat license, a sport oyster boat license, a commercial oyster fisherman's license, a commercial oyster boat captain's license, a commercial oyster boat license for a boat that is not numbered under Chapter 31 or does not have a certificate of documentation issued by the United States Coast Guard that lists an address in Texas for the boat owner, a sport oyster boat license for a boat that is not numbered under Chapter 31 or does not have a certificate of documentation issued by the United States Coast Guard that lists an address in Texas for the boat owner, a fee for a nonresident commercial oyster fisherman's license, and a nonresident commercial oyster boat captain's license; §76.1041, which authorizes the commission to establish requirements for the design and display of a commercial oyster boat license;
Chapter 77: which authorizes the commission to establish a fee for a resident or nonresident commercial shrimp boat captain's license issued by the department; §77.043, which authorizes the commission to establish a fee for a bait-shrimp dealer's license; and §77.048, which authorizes the commission to establish a fee for an individual bait-shrimp trawl;
Chapter 78: §78.002, which authorizes the commission to establish a fee for a resident or nonresident commercial mussel and clam fisherman's license; §78.003, which authorizes the commission to establish a fee for a resident or nonresident shell buyer's license; §78.004, which authorizes the commission to establish a fee for the export of mussels or clams or mussel or clam shells; and §78.105, which authorizes the commission to establish a fee for a crab boat license; and
Chapter 81: §81.403, which authorizes the commission to establish a fee for a permit for the hunting of wildlife or for any other use in wildlife management areas; and
Penal Code, §47.02, which provides a defense to prosecution for actions consisting entirely of participation in a drawing for the opportunity to participate in a hunting, fishing, or other recreational event conducted by the department.
The proposed amendments affect Parks and Wildlife Code, Chapters 11, 31, 42, 43, 45, 46, 47, 50, 65, 66, 67, 71, 76, 77, 78, and 81, and Penal Code, Chapter 47.
§53.2.License Issuance Procedures, Fees, Possession, and Exemption Rules.
(a) - (e) (No change.)
(f) A license or permit issued under the Parks and Wildlife Code or this title that has been denied or revoked by the department may not be re-issued or reinstated unless the person applying for re-issuance or reinstatement applies to the department for re-issuance or reinstatement and pays to the department an application review fee of $100, in addition to any other fees or penalties required by law.
§53.3.Combination Hunting and Fishing License Packages.
Combination hunting and fishing license packages may be priced at an amount less than the sum of the license and stamp prices of the individual licenses and stamps included in the package.
(1) Resident combination hunting and freshwater fishing package--$50
[$47]. Package consists of a resident
hunting license, a resident fishing license and a freshwater fish stamp;
(2) Resident combination hunting and saltwater fishing package--
$55 [$52]. Package consists of a resident
hunting license, a resident fishing license, a saltwater sportfishing
stamp, and a red drum tag;
(3) Resident combination hunting and "all water" fishing
package--$60 [$57]. Package consists of a resident
hunting license, a resident fishing license, a freshwater fish stamp,
a saltwater sportfishing stamp, and a red drum tag;
(4) Resident senior combination hunting and freshwater
fishing package--$16 [$15]. Package consists
of a resident hunting license, a resident fishing license and a freshwater
fish stamp;
(5) Resident senior combination hunting and saltwater
fishing package--$21 [$20]. Package consists
of a resident hunting license, a resident fishing license, a saltwater
sportfishing stamp, and a red drum tag;
(6) Resident senior combination hunting and "all water"
fishing package--$26 [$25]. Package consists
of a resident hunting license, a resident fishing license, a freshwater
fish stamp, a saltwater sportfishing stamp, and a red drum tag;
(7) Resident super combination hunting and "all water"
fishing package--$68 [$64]. Package consists
of a resident hunting license, a migratory game bird stamp, an upland
game bird stamp, an archery stamp, a resident fishing license, a freshwater
fish stamp, and a saltwater sportfishing stamp with a red drum tag;
(8) Resident senior super combination hunting and "all
water" fishing package--$32 [$30]. Package consists
of a resident hunting license, a migratory game bird stamp, an upland
game bird stamp, an archery stamp, a resident fishing license, a freshwater
fish stamp, and a saltwater sportfishing stamp with a red drum tag;
(9) Resident disabled veteran super combination hunting
and "all water" fishing package--$0. Package consists of a resident
hunting license, a migratory game bird stamp, an upland game bird
stamp, an archery stamp, a resident fishing license, a freshwater
fish stamp, and a saltwater sportfishing stamp with a red drum tag;
[and]
(10) - (11) (No change.)
§53.4.Lifetime Licenses.
(a) Fees.
(1) lifetime resident super combination hunting and
"all water" fishing package--$1,800 [$1,000];
(2) lifetime resident hunting--$1,000 [$600];
(3) lifetime resident fishing--$1,000 [$600];
(4) upgrade of lifetime resident hunting/fishing license
to resident lifetime super [resident]
combination hunting and "all-water" fishing package--
$800 [$400]; and
(5) (No change.)
(b) (No change.)
(c) Special resident lifetime super combination hunting and "all water" fishing license package with one-year subscription to Texas Parks and Wildlife Magazine. The non-refundable application fee for an individual applying for a computer-selected drawing for a special resident lifetime super combination hunting and "all water" fishing package with one-year subscription to Texas Parks and Wildlife Magazine is $5 per entry in the drawing. Persons 16 years of age or younger are not eligible to purchase entries in the drawing created by this subsection. A person who wins a special resident lifetime super combination hunting and "all water" fishing package may transfer the license to another person within 30 days of being notified by the department of winning. A license under this subsection is transferrable only to a Texas resident and such a transfer is permanent and final.
§53.5.Recreational Hunting Licenses, Stamps, and Tags
(a) Hunting licenses:
(1) resident hunting--$25 [$23];
(2) senior resident hunting--$7 [$6].
Valid for residents who are 65 years of age or older on the date of
license purchase;
(3) youth hunting--$7 [$6]. Valid
for any person under 17 years of age on the date of license purchase;
(4) (No change.)
(5) general nonresident hunting--$315 [$300];
(6) nonresident special hunting--$132 [$125];
(7) nonresident five-day special hunting--$48 [$45];
(8) nonresident spring turkey hunting--$126 [$120]; and
(9) nonresident banded bird hunting--$27 [$25].
(b) (No change.)
§53.6.Recreational Fishing Licenses, Stamps, and Tags.
(a) The items listed in this subsection are sold only as part of a package. The price and terms of these items are as follows:
(1) resident fishing license--$25 [$23];
(2) special resident fishing license (valid for residents
who are legally blind as described in Parks and Wildlife Code, §46.004)--
$7 [$6] (one red drum tag shall be available at no
additional charge with the purchase of a special resident fishing license);
(3) senior resident fishing license (valid for residents
who are 65 years of age or older on the date of license purchase)--
$7 [$6];
(4) "year-from-purchase" resident fishing license--
$32 [$30]. The "Year-from-purchase" resident fishing
license is valid from the date of purchase through the end of the
purchase month of the subsequent year; and
(5) non-resident fishing license--$53 [$50].
(b) (No change.)
(c) Fishing packages and licenses. The price of any fishing package shall be the sum of the price of the individual items included in the package.
(1) resident freshwater fishing package--$30 [$28
]. Package consists of a resident fishing license and a freshwater
fish stamp;
(2) resident saltwater fishing package--$35 [$33
]. Package consists of a resident fishing license and a saltwater
sportfishing stamp with a red drum tag;
(3) resident "all water" fishing package--$40 [$38
]. Package consists of a resident fishing license, a freshwater
fishing stamp, and a saltwater sportfishing stamp with a red drum tag;
(4) senior resident freshwater fishing package--$12 [$11
]. Package consists of a senior resident fishing license
and a freshwater fishing stamp;
(5) senior resident saltwater fishing package--$17 [$16
]. Package consists of a senior resident fishing license
and a saltwater sportfishing stamp with a red drum tag;
(6) senior resident "all water" fishing package--$22 [$21
]. Package consists of a senior resident fishing license,
a freshwater fishing stamp, and a saltwater sportfishing stamp with
a red drum tag;
(7) "year-from-purchase" resident "all water" fishing
package--$47 [$45
]. Package consists of a "year-from-purchase"
resident fishing license, a freshwater stamp, and a saltwater sportfishing
stamp with a red drum tag;
(8) resident one-day "all water" [allwater
] fishing license--$11 [$10]. One
red drum tag shall be available at no additional charge with the purchase
of the first one-day license only;[.]
(9) non-resident freshwater fishing package--$58 [$55
]. Package consists of a non-resident fishing license and
a freshwater fish stamp;[.]
(10) non-resident saltwater fishing package--$63 [$60
]. Package consists of a non-resident fishing license and
a saltwater sportfishing stamp with a red drum tag;[.]
(11) non-resident "all water" fishing package--$68 [$65
]. Package consists of a non-resident fishing license, a
freshwater fishing stamp, and a saltwater sportfishing stamp with
a red drum tag;[.]
(12) non-resident one-day "all water" [all water
] fishing license--$16 [$15]. One
red drum tag shall be available at no additional charge with the purchase
of the first one-day license only;[.]
(13) - (14) (No change.)
(d) Fishing tags:
(1) - (2) (No change.)
(3) individual bait-shrimp trawl tag--$37 [$35]; and
(4) saltwater trotline tag--$5 [$4].
§53.7.Furbearing Animal Licenses and Permits.
(a) resident trapper's--$19 [$18];
(b) nonresident trapper's--$315 [$300];
(c) resident wholesale fur dealer's--$189 [$180];
(d) furbearing animal propagation permit--$95 [$90];
(e) nonresident wholesale fur dealer's--$263 [$250].
§53.8.Alligator Licenses, Permits, Stamps, and Tags.
(a) resident retail alligator dealer's permit--$126 [
$120];
(b) nonresident retail alligator dealer's permit--$504 [
$480];
(c) resident wholesale alligator dealer's permit--$252 [
$240];
(d) nonresident wholesale alligator dealer's permit--
$1,008 [$960];
(e) alligator import permit--$105 [$100];
(f) alligator farmer permit--$252 [$240];
(g) alligator nest stamp--$63 [$60];
(h) wild caught alligator hide tag--$21 [$20];
(i) farm raised alligator hide tag--$5 [$4];
(j) commercial wildlife management area alligator hide tag--$126 [
$120];
(k) alligator export fee--$5 [$4]
per alligator, except for alligators accompanied by a valid department
issued hide tag; and
(l) alligator management tag--$6 [$5].
§53.9.Falconry Permits.
(a) apprentice falconer's:
(1) one-year--$21 [$20];
(2) two-year--$42 [$40]; and
(3) three-year--$63 [$60];
(b) general falconer's--$126 [$120];
(c) master falconer's--$189 [$180];
(d) falconer's renewal:
(1) one-year--$21 [$20];
(2) two-year--$42 [$40]; and
(3) three-year--$63 [$60];
(e) nonresident raptor trapper's--$378 [$360]; and
(f) raptor propagator permit--$63 [$60].
§53.10.Public Hunting and Fishing Permits and Fees.
(a) Hunting and access permits:
(1) - (2) (No change.)
(3) limited public use--$12; [and]
(4) replacement limited public use--$10; and[.]
(5) mentored hunting permit--$25.
(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--$80 [$75];
(B) extended period for deer, exotic mammal, alligator,
and management deer hunts on private lands leased by the department--
$130 [$125]; and
(C) (No change.)
(2) regular (daily) permit. For squirrel, game birds
(other than turkey), feral hogs, rabbits and hares--$20 [
$15];
(c) (No change.)
(d) Competitive hunting dog field trial permit fees:
(1) 10 or less participants--$105 [$100] per day;
(2) 11-25 participants--$210 [$200] per day;
(3) 26-50 participants--$315 [$300] per day;
(4) 51-75 participants--$420 [$400] per day; and
(5) 76 or more participants--$525 [$500] per day.
§53.11.Commercial Hunting Licenses and Permits.
(a) hunting lease (less than 500 acres)--$79 [$75];
(b) hunting lease (more than 500 acres and less than 1,000 acres)--
$147 [$140];
(c) hunting lease (1,000 acres or more)--$252 [$240];
(d) private bird hunting area--$84 [$80];
(e) field trial permit--$63 [$60];
(f) wildlife management association area hunting lease
license (less than 10,000 acres)--$38 [$36]
plus $6 [$5] per participating landowner;
(g) wildlife management association area hunting lease
license (between 10,000 and 50,000 acres)--$76 [$72]
plus $6 [$5] per participating landowner;
(h) wildlife management association area hunting lease
license (over 50,000 acres)--$152 [$144] plus
$6 [$5] per participating landowner.
§53.12.Commercial Fishing Licenses and Tags.
(a) Shrimping licenses. The fee amounts prescribed
in paragraph (1) of this subsection reflect the total fee paid by
the purchaser and include the surcharges established in paragraph
(2) of this subsection, if applicable.[:]
(1) Licenses:
(A) resident commercial gulf shrimp boat--$495 [$450];
(B) resident commercial bay shrimp boat--$382.80 [$348];
(C) resident commercial bait-shrimp boat--$366 [$348];
(D) resident commercial shrimp boat captain's--$50 [$30];
(E) nonresident commercial gulf shrimp boat--$1,485 [$1,350];
(F) nonresident commercial bay shrimp boat--$825 [$750];
(G) nonresident commercial bait-shrimp boat--$788 [$750]; and
(H) nonresident commercial shrimp boat captain's-$126 [$120
].
(2) (No change.)
(3) License transfers:
(A) Transfers between living persons.
(i) - (ii) (No change.)
(iii) resident commercial bait-shrimp boat license
transfer--$366 [$348];
(iv) - (v) (No change.)
(vi) nonresident commercial bait-shrimp boat license
transfer--$788 [$750].
(B) (No change.)
(4) (No change.)
(b) Oystering licenses.
(1) Licenses:
(A) resident commercial oyster boat--$441 [$420];
(B) resident sport oyster boat--$13 [$12];
(C) resident commercial oyster boat captain's--$32 [$30];
(D) resident commercial oyster fisherman's--$126 [$120];
(E) nonresident commercial oyster boat--$1,764 [$1,680];
(F) nonresident sport oyster boat--$51 [$48];
(G) nonresident commercial oyster boat captain's--$126 [$120
]; and
(H) nonresident commercial oyster fisherman's--$315 [
$300].
(2) - (3) (No change.)
(c) General, finfish, menhaden, mussel, clam, and miscellaneous licenses.
(1) Licenses and permits.
(A) commercial fishing boat (required for any boat
used in taking aquatic products (except menhaden, oysters, crabs and
shrimp) from state waters or unloading aquatic products in Texas taken
from outside state waters for commercial purposes): [
$25;]
(i) resident--$27; and
(ii) nonresident--$100.
(B) - (C) (No change.)
(D) resident general commercial fisherman's--$26 [$24];
(E) resident commercial mussel and clam fisherman's--$38 [$36];
(F) resident shell buyer's--$126 [$120];
(G) nonresident general commercial fisherman's--$189 [$180
];
(H) nonresident commercial mussel and clam fisherman's--
$1,008 [$960];
(I) nonresident shell buyer's--$1,890 [$1,800];
(J) - (L) (No change.)
(2) - (3) (No change.)
(d) Crab licenses.
(1) Licenses and permits.
(A) resident commercial crab fisherman's--$630 [$600
]; and
(B) nonresident commercial crab fisherman's--$2,520 [
$2,400].
(2) License transfers.
(A) Transfers between living persons.
(i) resident commercial crab fisherman's--$630 [$600]; and
(ii) nonresident commercial crab fisherman's--$2,520 [
$2,400].
(B) (No change.)
(3) (No change.)
(e) (No change.)
§53.13.Business Licenses [License] and Permits (Fishing).
(a) Licenses. The fee amounts prescribed in paragraphs (1) - (4) of this subsection reflect the total fee paid by the purchaser and include the surcharges established in subsection (b) of this section.
(1) retail fish dealer's-$92.40 [$84];
(2) retail fish dealer's truck--$171.60 [$156];
(3) wholesale fish dealer's--$825 [$750];
(4) wholesale fish dealer's truck--$590 [$510];
(5) bait dealer's--individual--$38 [$36];
(6) bait dealer-place of business/building--$38 [$36];
(7) bait dealer-place of business/motor vehicle--$38 [$36];
(8) bait shrimp dealer's--$215 [$204];
(9) finfish import--$95 [$90];
(10) freshwater fishing guide (required for residents
or nonresidents who operate a boat for anything of value in transporting
or accompanying anyone who is fishing in freshwater of this state)--
$132 [$125];
(11) resident all-water fishing guide--$210 [$200]; and
(12) non-resident all-water fishing guide--$1,050 [$1,000].
(b) - (c) (No change.)
§53.14.Deer Management and Removal Permits.
(a) Deer breeding and related permits. Deer [Scientific
] breeder's and deer [scientific]
breeder's renewal--$400.
[(b) Trap, transport and transplant permit application fees:]
[(1) nonrefundable application processing fee--$750 per release site; and]
[(2) nonrefundable application processing fee for amendment to existing permit--$30. If the amendment includes additional release sites, the fee prescribed by paragraph (1) of this subsection shall be imposed for each additional release site.]
(b) [(c)] Urban white-tailed deer removal permit:
(1) nonrefundable application processing fee--$750; and
(2) nonrefundable application processing fee for amendment to existing permit--$30. If the amendment includes additional release sites, the fee prescribed by paragraph (1) of this subsection shall be imposed for each additional release site.
(c) [(d)] Deer management permit and renewal--$1,000.
(d) [(e)] Antlerless and spike
buck deer control permit application processing fee--$378 [
$360].
§53.15.Miscellaneous Fisheries and Wildlife Licenses and Permits.
(a) Trap, transport and transplant permit application fees:
(1) nonrefundable application processing fee--$750 per release site; and
(2) nonrefundable application processing fee for amendment to existing permit--$30. If the amendment includes additional release sites, the fee prescribed by paragraph (1) of this subsection shall be imposed for each additional release site.
(b) [(a)] Game bird and animal breeding licenses:
(1) game animal breeder's--$79 [$75];
(2) class 1 commercial game bird breeder's--$189 [$180
]; and
(3) class 2 commercial game bird breeder's--$27 [$25].
(c) [(b)] Commercial nongame permits:
(1) resident nongame permit--$19 [$18];
(2) nonresident nongame permit--$63 [$60];
(3) resident nongame dealer permit--$63 [$60];
(4) nonresident nongame dealer permit--$252 [$240];
(5) nongame species sales permit--$210 [$200]; and
(6) nongame species sales permit renewal--$210 [$200].
(d) [(c)] Zoological collection
permit application--$158 [$150];
(e) [(d)] Scientific research
permit application--$53 [$50];
(f) [(e)] Educational display permit application--
$53; [$50.]
(g) [(f)] Exotic Species (fish,
shellfish and aquatic plants):
(1) exotic species permit fee for new, renewed or amended
application requiring facility inspection--$263 [$250];
(2) exotic species permit fee for renewed or amended
application not requiring facility inspection--$27 [$25];
(3) exotic species permit fee for renewal application
received more than one year after renewal date--$263; [
$250.]
(4) triploid grass carp permit application fee--$16 [$15
], plus $2 per triploid grass carp requested;
(5) exotic species interstate transport permit application
fee--individual--$27 [$25];
(6) exotic species interstate transport permit application
fee--annual--$105 [$100].
(h) [(g)] Miscellaneous fees:
(1) commercial plant permit--$50;
(2) aerial management permit--$210 [$200];
(3) broodfish permit application--$25;
(4) permit to introduce fish, shellfish, or aquatic plants--no fee;
(5) offshore aquaculture permit or renewal--$1,575 [$1,500];
(6) oyster lease application--$200;
(7) oyster lease rental--$6 per acre of location per year;
(8) oyster lease renewal/transfer/sale--$200; and
(9) double-crested cormorant control permit--$13 [$12].
§53.16.Vessel, Motor, and Marine Licensing Fees.
(a) Registration fees. After the initial registration
of a vessel, the vessel may be registered electronically by credit
card by agreeing to pay an applicable credit card handling or convenience
fee in addition to the normal registration fee.[:]
(1) livery vessel-Class A--$32 [$30];
(2) vessel-Class A--$32 [$30];
(3) vessel-Class 1--$53 [$50];
(4) vessel-Class 2--$110 [$70];
(5) vessel-Class 3--$200. [$90;]
(b) Titling fees:
(1) certificate of title--$27 [$25];
(2) administrative surcharge for expedited title to
a vessel (in addition to applicable fee)--$37 [$35];
(3) administrative surcharge for expedited title to
a motor (in addition to applicable fee)--$37 [$35]; and
(4) bonded certificate of title--$37 [$35].
(c) Duplicate/transfer fees:
(1) vessel-transfer of ownership--$11 [$10];
(2) vessel-duplicate certificate of number--$11 [$10];
(3) vessel-duplicate decals--$11 [$10].
(d) Marine dealer/distributor/manufacturer fees:
[(1) marine dealer manufacturer
number (effective until February 29, 2004)--$130;]
(1) [(2)] marine dealer, distributor
or manufacturer license (includes licensee validation card (with
decal) for recreational purposes or participation in contests or events)--$525
[$500];
(2) [(3)] marine dealer, distributor
or manufacturer ownership transfer of license--$525 [
$500];
(3) [(4)] marine dealer, distributor
or manufacturer location transfer--$11 [$10];
(4) [(5)] marine dealer, distributor
or manufacturer information update/license correction--$4; [$3.
]
(5) additional marine dealer, manufacturer, or distributor's licensee validation card (with decal) for recreational purposes or participation in contests or events--$126; and
(6) replacement card marine dealer, manufacturer, or distributor's licensee validation card (with decal)--$11.
(e) Report fees:
(1) certified history report of ownership for vessel
or outboard motor--$11 [$10];
(2) - (3) (No change.)
(f) Party boat fees:
(1) annual party boat inspection--$132 [$125
] (if the inspection is performed by a department-approved entity,
$60 may be retained by the inspecting entity);
(2) initial application for party boat operator license--$132 [
$125];
(3) party boat operator license renewal application--$53 [
$50];
(4) replacement party boat operator license to for
lost, damaged, destroyed, or stolen license--$53 [$50].
§53.17.Miscellaneous Fees.
(a) (No change.)
(b) Controlled exotic snake permits:
(1) recreational--$20; and
(2) commercial--$60.[; and]
[(c) mentored hunting permit--$25.]
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 13, 2009.
TRD-200901401
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Earliest possible date of adoption: May 24, 2009
For further information, please call: (512) 389-4775
(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Parks and Wildlife Department or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under Parks and Wildlife Code, Parks and Wildlife Code, §11.027, which authorizes the commission to establish and provide for the collection of a fee to cover costs associated with the review of an application for a permit required by the code, and to set and charge a fee for the use of a credit card to pay a fee assessed by the department in an amount reasonable and necessary to reimburse the department for the costs involved in the use of the card; and under Parks and Wildlife Code, §31.0412, which authorizes the commission to establish rules concerning the issuance and price of validation cards permitting the limited and temporary use of vessels for recreational purposes or participation in contests or events and to adopt rules regarding dealer's, distributor's, and manufacturer's licenses, including application forms, application and renewal procedures, and reporting and recordkeeping requirements.
The proposed repeal affects Parks and Wildlife Code, Chapters 11 and 31.
§53.18.Other Fees.
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 13, 2009.
TRD-200901402
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Earliest possible date of adoption: May 24, 2009
For further information, please call: (512) 389-4775
The amendment is proposed under Parks and Wildlife Code, §11.027, which authorizes the commission to establish and provide for the collection of a fee for entering, reserving, or using a facility or property owned or managed by the department.
The proposed amendment affects Parks and Wildlife Code, Chapter 11.
§53.30.Facility Admission and Use Fees.
As determined and authorized by the executive director, the department may charge entrance and facility use fees within the ranges established or the amounts specified in this section.
(1) Texas Freshwater Fisheries Center.
(A) Entry fees. [The department may
charge entrance fees, not to exceed $6 for daily entrance, and $15
for an annual pass.]
(i) daily entrance fee--$0 to $6; and
(ii) annual pass--$0 to $15.
(B) - (C) (No change.)
(2) - (5) (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 13, 2009.
TRD-200901403
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Earliest possible date of adoption: May 24, 2009
For further information, please call: (512) 389-4775
SUBCHAPTER A. STATEWIDE HUNTING AND FISHING PROCLAMATION
DIVISION 1. GENERAL PROVISIONS
The Texas Parks and Wildlife Department proposes an amendment to §65.10, concerning Possession of Wildlife Resources. The proposed amendment would modify the current tagging and documentation requirements for deer and antelope. Under Parks and Wildlife Code, §42.018, a deer or antelope carcass must remain tagged until it reaches a final destination and is finally processed; however, this provision may be modified or eliminated by commission rule. Under Parks and Wildlife Code, §42.0177, the commission may modify or eliminate the tagging requirements established in Parks and Wildlife Code, §42.018.
Parks and Wildlife Code, §42.001 defines "carcass" as "the body of a dead deer or antelope . . . that has not been processed more than by quartering;" "final destination" as a person's permanent residence or a cold storage or processing facility; "final processing" as the processing of a carcass more than by quartering; and "quartering" as "the processing of an animal into not more than two hindquarters each having the leg bone attached to the hock and two forequarters each having the leg portion to the knee attached to the shoulder blade. The term also includes removal of two back straps and trimmings from the neck and rib cage."
The department has become aware that the practice of freezing an entire bone-in quarter for later consumption is technically problematic, because under the current law, tagging requirements remain in effect until the carcass has been processed "beyond quartering," which means, among other things, the removal of bones. Therefore, a quarter with the bone still in it must remain tagged. Also problematic is the requirement to maintain tagging or documentation after a deer has reached a cold storage or processing facility where the pertinent information is recorded in a cold-storage record book. In order to remedy these anomalies the proposed amendment would modify the statutory tagging requirements to provide that the tagging and documentation requirements for a carcass cease when the carcass is at a final destination other than a cold storage or processing facility that is required to maintain a record book under the provisions of Parks and Wildlife Code, §62.029 and the forequarters, hindquarters, and back straps have been completely severed from the carcass. For a cold storage or processing facility required to maintain a record book under the provisions of Parks and Wildlife Code, §62.029, tagging requirements would cease when the forequarters, hindquarters, and back straps have been completely severed from the carcass and the information required by Parks and Wildlife Code, §62.029 has been entered into the required record book.
Mr. Clayton Wolf, Big Game Program 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 or local government as a result of enforcement or administration of the rule.
Mr. Wolf 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 rules that facilitate compliance and enforcement.
Under the provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses and micro-businesses. The department has determined that there will be no direct economic effect on small or micro-businesses or persons required to comply as a result of the proposed rule. The rule would not compel or mandate any action on the part of any entity, including small businesses or microbusinesses. In particular, the proposed rule would not add new reporting or recordkeeping requirements; require any new professional expertise, capital costs, or costs for modification of existing processes or procedures; lead to loss of sales or profits; change market competition; or increase taxes or fees. Accordingly, the department has not prepared a regulatory flexibility analysis under Government Code, Chapter 2006.
The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rule as proposed will not impact local economies.
The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rule.
The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rules.
Comments on the proposed rule may be submitted to Clayton Wolf, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4568 (e-mail: clayton.wolf@tpwd.state.tx.us).
The amendment is proposed under the authority of Parks and Wildlife Code, §42.0188, which authorizes the commission to modify or eliminate the tagging requirements of Parks and Wildlife Code, §42.018.
The proposed amendment affects Parks and Wildlife Code, Chapter 42.
§65.10.Possession of Wildlife Resources.
(a) For all wildlife resources taken for personal consumption and for which there is a possession limit, the possession limit shall not apply after the wildlife resource has reached the possessor's permanent residence and is finally processed.
(b) Under authority of Parks and Wildlife Code, §42.0177, the tagging requirements of Parks and Wildlife Code, §42.018, are modified as follows.
(1) At a final destination other than a cold storage or processing facility required to maintain a cold storage record book under the provisions of Parks and Wildlife Code, §62.029, tagging requirements for a carcass cease when the forequarters, hindquarters, and back straps have been completely severed from the carcass.
(2) At a cold storage or processing facility required to maintain a cold storage record book under the provisions of Parks and Wildlife Code, §62.029, tagging requirements for a carcass cease when:
(A) the forequarters, hindquarters, and back straps have been completely severed from the carcass; and
(B) the information required under Parks and Wildlife Code, §62.029, has been entered into the cold storage record book that the cold storage or processing facility is required to maintain.
(3) The provisions of this subsection do not modify or eliminate any requirement of this subchapter or the Parks and Wildlife Code applicable to a carcass before it is at a final destination.
(c) [(b)] A person who lawfully
takes a deer is exempt from the tagging requirements of Parks and
Wildlife Code, §42.018 if the deer is taken:
(1) under the provisions of §65.26 of this title (relating to Managed Lands Deer Permits (MLDP)--White-tailed Deer);
(2) under the provisions of §65.34 of this title (relating to Managed Lands Deer Permits (MLDP)--Mule Deer);
(3) under the provisions of §65.28 of this title (relating to Landowner Assisted Management Permits (LAMPS));
(4) under an antlerless mule deer permit issued under §65.32 of this title (relating to Antlerless Mule Deer Permits);
(5) by special permit under the provisions of Subchapter H of this chapter (relating to Public Lands Proclamation);
(6) on department-leased lands under the provisions of Parks and Wildlife Code, §11.0271;
(7) by special antlerless permit issued by the U.S. Forest Service (USFS) for use on USFS lands that are part of the department's public hunting program; or
(8) under the provisions of §65.27 of this title (relating to Antlerless and Spike-Buck Deer Control Permits).
(d) [(c)] A person who kills
a bird or animal under circumstances that require the bird or animal
to be tagged with a tag from the person's hunting license shall immediately
attach a properly executed tag to the bird or animal.
(e) Proof of sex for deer and antelope must remain with the carcass until tagging requirements cease.
(1) Proof of sex for deer consists of:
(A) buck: the head, with antlers still attached; and
(B) antlerless: the head.
(2) Proof of sex for antelope consists of the unskinned head.
(f) [(d)] In a county where
the bag composition for turkey is restricted to gobblers and/or bearded
hens, proof [Proof] of sex must remain with
a turkey until it [certain wildlife resources until the wildlife
resource] reaches either the possessor's permanent residence
or a cold storage/processing facility and is finally processed. Proof
of sex for turkey is as follows:
[(1) turkey (in a county
where the bag composition is restricted to gobblers and/or bearded
hens):]
(1) [(A)] male turkey:
(A) [(i)] one leg, including
the spur, attached to the bird; or
(B) [(ii)] the bird, accompanied
by a patch of skin with breast feathers and beard attached.
(2) [(B)] female turkey taken
during the fall season: the bird, accompanied by a patch of skin with
breast feathers and beard attached.
[(2) deer:]
[(A) buck: the head, with antlers still attached;]
[(B) antlerless: the head;]
[(3) antelope: the unskinned head; and]
(g) [(4)] Proof of sex for pheasant
consists of: one leg, including the spur, attached to the bird
or the entire plumage attached to the bird.
(h) [(e)] No additional proof
of sex is required for a deer that is lawfully tagged in accordance with:
(1) the provisions of §65.26 of this title;
(2) the provisions of §65.34 of this title;
(3) the provisions of §65.28 of this title;
(4) the provisions of §65.32 of this title;
(5) on department-leased lands under the provisions of Parks and Wildlife Code, §11.0271; or
(6) under the provisions of §65.27 of this title
[(relating to Antlerless and Spike-Buck Deer Control Permits)].
(i) [(f)] In lieu of proof of
sex, the person who killed the wildlife resource may:
(1) obtain a receipt from a taxidermist or a signed statement from the landowner, containing the following information:
(A) the name of person who killed the wildlife resource;
(B) the date the wildlife resource was killed;
(C) one of the following, as applicable:
(i) whether the deer was antlered or antlerless;
(ii) the sex of the antelope;
(iii) the sex of the turkey and whether a beard was attached; or
(iv) the sex of the pheasant; or
(2) if the deer is to be tested by the department for chronic wasting disease, obtain a department-issued receipt (PWD 905).
(j) [(g)] A person may give,
leave, receive, or possess any species of legally taken wildlife resource,
or a part of the resource, that is required to have a tag or permit
attached or is protected by a bag or possession limit, if the wildlife
resource is accompanied by a wildlife resource document from the person
who killed or caught the wildlife resource. A wildlife resource may
be possessed without a WRD by the person who took the wildlife resource,
provided the person is in compliance with all other applicable provisions
of this subchapter and the Parks and Wildlife Code.
(1) For deer and antelope, a properly executed wildlife resource document shall accompany the carcass or part of a carcass until tagging requirements cease.
(2) [(1)] For [deer,]
turkey[, or antelope], a properly executed wildlife resource
document shall accompany the wildlife resource until it reaches either
the possessor's permanent residence or a cold storage/processing facility
and is finally processed.
(3) [(2)] For all other wildlife
resources, a properly executed wildlife resource document shall accompany
the wildlife resource until it reaches the possessor's permanent residence
and is finally processed.
(4) [(3)] The wildlife resource
document must contain the following information:
(A) the name, signature, address, and hunting or fishing license number, as required, of the person who killed or caught the wildlife resource;
(B) the name of the person receiving the wildlife resource;
(C) a description of the wildlife resource (number and type of species or parts);
(D) the date the wildlife resource was killed or caught; and
(E) the location where the wildlife resource was killed or caught (name of ranch; area; lake, bay or stream; and county).
(5) [(4)] A taxidermist who accepts
a deer or turkey shall retain the wildlife resource document or tag
accompanying each deer or turkey for a period of two years following
the return of the resource to the owner or the sale of the resource
under the provisions of Parks and Wildlife Code, §62.023.
(k) [(h)] It is a defense to
prosecution if the person receiving the wildlife resource does not
exceed any possession limit or possesses a wildlife resource or a
part of a wildlife resource that is required to be tagged if the wildlife
resource or part of the wildlife resource is tagged.
(l) [(i)] The identification
requirements for desert bighorn sheep skulls are as follows.
(1) No person may possess the skull of a desert bighorn ram in this state unless:
(A) one horn has been marked with a department identification plug by a department representative; or
(B) the person also possesses evidence of lawful take in the state or country where the ram was killed.
(2) A person may possess the skull and horns of a desert bighorn ram found dead in the wild, provided:
(A) the person did not cause or participate in the death of the ram;
(B) the person notifies a department biologist or game warden within 48 hours of discovering the dead ram and arranges for marking with a department identification plug by a department representative; and
(C) the landowner on whose property the skull was found signs an affidavit prior to the time the skull is marked that attests the place and date that the person discovered the ram.
(3) Individual horns may be possessed without any identification or documentation.
(4) This subsection does not apply to skulls possessed prior to July 11, 2004.
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 13, 2009.
TRD-200901404
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Earliest possible date of adoption: May 24, 2009
For further information, please call: (512) 389-4775
31 TAC §§65.314, 65.315, 65.319
The Texas Parks and Wildlife Department (the department) proposes amendments to §§65.314, 65.315, and 65.319, concerning the Early Season Migratory Game Bird Proclamation.
The proposed amendment to §65.314, concerning Zones and Boundaries for Early Season Species, would alter the boundary of the Special White-Winged Dove Area (SWWDA) by removing portions of Jim Hogg and Starr counties. The area proposed for removal from the SWWDA is characterized by low-quality white-winged dove habitat and the department believes that under the standard South Zone season dates there would be increased opportunity for dove hunting. Although the SWWDA is part of the South Zone, the season within the SWWDA ends four days earlier than the rest of the South Zone because of the four-day special white-winged season the first two weekends of September.
The proposed amendment to §65.315, concerning Open Seasons and Bag and Possession Limits--Early Season, would implement a statewide 70-day season with a 15-bird bag limit, pending approval by the U.S. Fish and Wildlife Service (Service), and would allow for a Friday opening day every year, but no earlier than September 17th, no matter which day of the week September 20 (the earliest the federal frameworks allow hunting in the South Zone, except for four half-days of hunting in the SWWDA) falls on.
Texas is divided into three dove zones (North, Central, and South). Historically the Service has offered Texas the option of a 70-day season with a 12-bird bag limit or a 60-day season with a 15-bird bag limit in each zone, to begin no earlier than September 1 in the North and Central zones, and no earlier than September 20 in the South Zone. The Service is implementing the Adaptive Harvest Management (AHM) model for dove management. AHM was originally developed for waterfowl populations, and is a systematic process for dealing objectively with inherent uncertainties in measuring, evaluating, and predicting the additive effect of such variables as environmental variation, harvest strategies and success, and the limited ability to detect total population impacts from year to year. One of the conclusions made by waterfowl managers was that regulatory alternatives within each flyway should be limited and specific. Thus, the Service is contemplating the implementation of a single season length and a single bag limit in Texas, with the department retaining the ability to allocate those days within the frameworks established by the Service (September 1 and January 25 in the north and central zones, and between the Saturday closest to September 17 and January 25 in the South Zone).
The proposed amendment to §65.315 also would adjust the season dates for early-season species of migratory game birds to account for calendar-shift (i.e., to ensure that seasons open on the desired day of the week, since dates from a previous year do not fall on the same days in following years). The proposed amendment retains the basic season structure from previous years, except that the North Zone, which has historically had a continuous 60-day season, would have a 70-day season split into two segments, identical to the proposed season structure in the Central Zone. Although the department has the authority to adjust the lengths of the fall and winter segments in each zone (within the current federal frameworks), the department believes that it is prudent this year to establish season structures that are consistent with those in previous years, because many landowners, outfitters, and hunters have already scheduled hunts and the department does not wish to disrupt those plans. However, the department intends to conduct extensive outreach and survey efforts over the summer to determine hunter, landowner, and outfitter preferences for future segment length determinations.
In the South Zone, the Service has historically allowed no dove hunting prior to September 20 (except for four days of half-day hunting in the SWWDA). This has resulted in the cyclical occurrence of opening day on days other than Friday or Saturday, which hunter and landowner surveys have shown are the preferred choices for opening days. The Service has tentatively approved allowing the department to open the South Zone on the Friday nearest September 20, but no earlier than the 17th, which will allow the department to open the dove season every year on the Friday closest to September 20. Hunter, landowner, and outfitter preferences for future opening days will also be addressed by the department's survey efforts over the summer.
The proposed amendment to §65.315 also would implement a 16-day statewide teal season to run from September 12 - 27, 2009, which must be approved by the Service before it can be implemented. If the Service does not approve a 16-day season, the department proposes to adopt a 9-day season to run September 19 - 27, 2009. The department cautions that the federal frameworks could close the season on teal if population data warrant. By federal law, the number of days in the September teal season count against the 107 days of total hunting opportunity allowed for ducks, coots, and mergansers.
The proposed amendment to §65.319, concerning Extended Falconry Season--Early Season Species, adjusts season dates for the take of early-season species of migratory game birds by means of falconry to reflect calendar shift.
The proposed amendments are generally necessary to implement commission policy to provide the greatest hunter opportunity possible, consistent with hunter and landowner preference for starting dates and segment lengths, under frameworks issued by the Service. The Service has not issued regulatory frameworks for the 2009-2010 hunting seasons for migratory game birds; thus, the department cautions that the proposed regulations are tentative and may change significantly, depending on federal actions prior to the release of the early-season frameworks in late June. However, it is the policy of the commission to adopt the most liberal provisions possible, consistent with hunter preference, under the frameworks in order to provide maximum hunter opportunity.
Robert Macdonald, regulations coordinator, has determined that for the first five years that the amendments as proposed are in effect, there will be no additional fiscal implications to state or local governments of enforcing or administering the rules as proposed.
Mr. Macdonald also has determined that for each of the first five years the proposed rules are in effect, the public benefit anticipated as a result of enforcing the rules as proposed will be the department's discharge of its statutory obligation to manage and conserve the state's populations of migratory game birds for the use and enjoyment of the public, consistent with the principles of sound biological management.
Under the provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic affect on small businesses and micro-businesses. As required by Government Code, §2006.002(g), the Office of the Attorney General has prepared guidelines to assist state agencies in determining a proposed rule's potential adverse economic impact on small businesses. Those guidelines state that an agency need only consider a proposed rule's "direct adverse economic impacts" to small businesses and micro-businesses to determine if any further analysis is required. The department considers "direct economic impact" to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services.
The department has determined that the proposed rules regulate various aspects of recreational license privileges that allow individual persons to pursue and harvest migratory game bird resources in this state and therefore do not directly affect small businesses or micro-businesses. Therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.
There also will be no adverse economic effect on persons required to comply with the rules as proposed.
The department has not filed a local impact statement with the Texas Workforce Commission as required by Government Code, §2001.022, as the department 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 2008, as a result of the proposed rules.
Comments on the proposed rules may be submitted to Robert Macdonald, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4775 or 1-800-792-1112 (e-mail: robert.macdonald@tpwd.state.tx.us).
The amendments are proposed under Parks and Wildlife Code, Chapter 64, which authorizes the Commission and the Executive Director to provide the open season and means, methods, and devices for the hunting and possessing of migratory game birds.
The proposed amendments affect Parks and Wildlife Code, Chapter 64.
§65.314.Zones and Boundaries for Early Season Species.
(a) (No change.)
(b) Mourning and white-winged doves.
(1) - (3) (No change.)
(4) Special white-winged dove area: That portion of
the state south and west of a line beginning at the International
Toll Bridge in Del Rio; thence northeast along U.S. Highway 277 Spur
to U.S. Highway 90 in Del Rio; thence east along U.S. Highway 90 to
State Loop 1604; thence along Loop 1604 south and east to Interstate
Highway 35, thence south along Interstate Highway 35 to State Highway
44; thence east along State Highway 44 to State Highway 16 at Freer;
thence south along State Highway 16 to Randado; thence south
on FM 649 to FM 2686; thence east on FM 2686 to FM 1017; [State
Highway 285 at Hebbronville; thence east along State Highway 285 to FM 1017;] thence southeast along FM 1017 to State Highway 186
at Linn; thence east along State Highway 186 to the Mansfield Channel
at Port Mansfield; thence east along the Mansfield Channel to the
Gulf of Mexico.
(c) - (f) (No change.)
§65.315.Open Seasons and Bag and Possession Limits--Early Season.
(a) Rails.
(1) Dates: September 12 - 27, 2009 and October
31 - December 23, 2009 [September 13 - 28, 2008 and November
1 - December 24, 2008].
(2) (No change.)
(b) Dove seasons.
(1) North Zone.
(A) Dates: September 1 - October 25, 2009 and
December 26, 2009 - January 9, 2010 [September 1 - October
30, 2008].
(B) - (C) (No change.)
(2) Central Zone.
(A) Dates: September 1 - October 25, 2009 and
December 26, 2009 - January 9, 2010 [September 1 - October
30, 2008 and December 26, 2008 - January 4, 2009].
(B) Daily bag limit: 15 [12]
mourning doves, white-winged doves, and white-tipped (white-fronted)
doves in the aggregate, including no more than two white-tipped doves per day;
(C) Possession limit: 30 [24]
mourning doves, white-winged doves, and white-tipped doves in the
aggregate, including no more than four white-tipped doves in possession.
(3) South Zone.
(A) Dates: Except in the special white-winged dove
area as defined in §65.314 of this title (relating to Zones and
Boundaries for Early Season Species), September 18 - November
3, 2009 and December 26, 2009 - January 17, 2010 [September
20 - November 9, 2008 and December 26, 2008 - January 13, 2009].
(B) Daily bag limit: 15 [12]
mourning doves, white-winged doves, and white-tipped (white-fronted)
doves in the aggregate, including no more than two white-tipped doves per day;
(C) Possession limit: 30 [24]
mourning doves, white-winged doves, and white-tipped doves in the
aggregate, including no more than four white-tipped doves in possession.
(4) Special white-winged dove area.
(A) Dates: September 5, 6, 12, and 13, 2009 [
September 6, 7, 13, and 14, 2008].
(i) Daily bag limit: 15 [12]
white-winged doves, mourning doves, and white-tipped (white-fronted)
doves, in the aggregate to include no more than four mourning doves
and two white-tipped doves per day;
(ii) Possession limit: 30 [24]
white-winged doves, mourning doves, and white-tipped doves in the
aggregate to include no more than eight mourning doves and four white-tipped
doves in possession.
(B) Dates: September 18 - November 3, 2009 and
December 26, 2009 - January 13, 2010 [September 20 - November
9, 2008 and December 26, 2008 - January 9, 2009].
(i) Daily bag limit: 15 [12]
white-winged doves, mourning doves, and white-tipped (white-fronted)
doves, in the aggregate to include no more than two white-tipped doves per day;
(ii) Possession limit: 30 [24]
white-winged doves, mourning doves, and white-tipped doves in the
aggregate to include no more than four white-tipped doves in possession.
(c) Gallinules.
(1) Dates: September 12 - 27, 2009 and October
31 - December 23, 2009 [September 13 - 28, 2008 and November
1 - December 24, 2008].
(2) (No change.)
(d) September teal-only season.
(1) Dates: September 12 - 27, 2009 [September
13 - 28, 2008].
(2) (No change.)
(e) - (f) (No change.)
(g) Woodcock: December 18, 2009 - January 31, 2010 [
December 18, 2008 - January 31, 2009]. The
daily bag limit is three. The possession limit is six.
(h) Wilson's snipe (Common snipe): October 31, 2009 - February 14, 2010
[November 1, 2008 - February 15, 2009
]. The daily bag limit is eight. The possession limit is 16.
§65.319.Extended Falconry Season--Early Season Species.
(a) It is lawful to take the species of migratory birds listed in this section by means of falconry during the following Extended Falconry Seasons:
(1) mourning doves and white-winged doves: November
19 - December 25, 2009 [November 19 - December 25, 2008].
(2) rails and gallinules: December 26, 2009 - January 31, 2010
[December 26, 2008 - January 31, 2009].
(3) woodcock: November 24 - December 17, 2009 [
November 24 - December 17, 2008].
(b) (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 13, 2009.
TRD-200901405
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Earliest possible date of adoption: May 24, 2009
For further information, please call: (512) 389-4775
The Texas Parks and Wildlife Department proposes an amendment to §65.357, concerning Purchase and Sale of Alligators. The proposed amendment would clarify that a person who takes an alligator on a wildlife management area must acquire a commercial alligator hide tag if the alligator at any time is to be sold or bartered for anything of value. Under §65.353(a), no person may possess an untagged alligator except as provided in Chapter 65, Subchapters A or P. Under the provisions of the department publication entitled "Applications for Drawings on Public Hunting Lands," a hunter who takes an alligator on a wildlife management area must purchase a commercial hide tag ($120) if the person desires to use the alligator for commercial purposes. If a hunter chooses not to purchase a commercial hide tag, the alligator is tagged by the department with a "Not for Sale" hide tag at no cost, but the alligator cannot be used for a commercial purpose.
The proposed amendment would clarify that the commercial hide tag requirement is a perpetual requirement, meaning that if a hunter who takes an alligator on a wildlife management area chooses to have an alligator tagged with the "Not for Sale" hide tag and at any time thereafter desires to sell or barter the alligator, that person must then purchase a commercial hide tag from the department in order to lawfully sell or barter the alligator.
Mr. 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 or local government as a result of enforcement or administration of 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 clarification of department regulations for persons hunting alligators on wildlife management areas.
Under the provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses and micro-businesses. The department has determined that there will be no direct economic effect on small or micro-businesses or persons required to comply as a result of the proposed rule. The rule would not compel or mandate any action on the part of any entity, including small businesses or microbusinesses. In particular, the proposed rule would not add new reporting or recordkeeping requirements; require any new professional expertise, capital costs, or costs for modification of existing processes or procedures; lead to loss of sales or profits; change market competition; or increase taxes or fees. Accordingly, the department has not prepared a regulatory flexibility analysis under Government Code, Chapter 2006.
The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rule as proposed will not impact local economies.
The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rule.
The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rule.
Comments on the proposed rule may be submitted to 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 amendment is proposed under the authority of Parks and Wildlife Code, §65.003, which authorizes the commission to regulate taking, possession, propagation, transportation, exportation, importation, sale, and offering for sale of alligators, alligator eggs, or any part of an alligator that the commission considers necessary to manage this species, including regulations to provided for the periods of time when it is lawful to take, possess, sell, or purchase alligators, alligator hides, alligator eggs, or any part of an alligator; and limits, size, means, methods, and places in which it is lawful to take or possess alligators, alligator hides, alligator eggs, or any part of an alligator.
The proposed amendment affects Parks and Wildlife Code, Chapter 65.
§65.357.Purchase and Sale of Alligators.
(a) - (d) (No change.)
(e) Sale by recreational hunter.
(1) A person who lawfully kills an alligator under a hunting license may sell only to a farmer or wholesale dealer or lawful out-of-state purchaser.
(2) An alligator taken on a wildlife management area may not be sold or bartered for anything of value at any time unless a commercial alligator hide tag has been purchased from the department and attached to the alligator.
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 13, 2009.
TRD-200901406
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Earliest possible date of adoption: May 24, 2009
For further information, please call: (512) 389-4775