TPWD: March 28, 2024 Commission Meeting Agenda

March 27-28, 2024, Commission Meeting Agenda

Work Session

Commission Agenda Items

January 24-25, 2024, Transcripts

Commission Meeting Agenda Item No. 1
Presenter: Dakus Geeslin

Action
License, Permit, Boat, and Motor Fees
and 2024–2025 Statewide Recreational and Commercial Fishing Proclamation
Oversized Spotted Seatrout Tag
Recommended Adoption of Proposed Changes
March 28, 2024

I. Executive Summary: Staff seeks adoption of proposed amendments to rules governing License, Permit, and Boat and Motor Fees and the Statewide Recreational and Commercial Fishing Proclamation for the 2024-2025 season. The proposed amendments would implement an oversized tag system to allow for the harvest of spotted seatrout 30 inches or greater in length, a bonus tag, and the associated fees. They would also remove the allowance of fish over 30 inches to be retained as part of the daily bag limit until a tag system is implemented in the next license year.

II. Discussion: Following Winter Storm Uri in February of 2021, Texas Parks and Wildlife Department (TPWD) adopted temporary rules that limited harvest of spotted seatrout to aid and accelerate recovery of the fishery following the freeze. These regulations expired August 31, 2023. More recently, the Texas Parks and Wildlife Commission (Commission) adopted regulations that included a 3 fish bag limit, a 15-inch minimum size, and a 20-inch maximum size, and allows for the harvest of one fish 30 inches or greater as part of the daily bag limit. Those rules will go into effect as soon as possible.

During the public comment process for the above-mentioned regulations, substantial public concern was voiced regarding the proposed regulation allowing daily harvest of one fish over 25 inches, which would have been included as part of 3 fish bag limit. Numerous commenters expressed a desire to implement an annual oversized spotted seatrout tag system similar to the one currently used for red drum.

After consideration of this public comment, staff seeks adoption of proposed rule amendments to implement an annual tag per angler for one spotted seatrout 30 inches or greater in length to be harvested, with an option to purchase a one-time bonus tag for license holders and exempt anglers. The proposed cost of the bonus tag is $3, the same cost as the red drum bonus tag. The amendments would also remove the allowance of fish over 30 inches to be retained as part of the daily bag limit until a tag system is implemented in the license year beginning September 1, 2024. Upon adoption, these regulations would go into effect coastwide.

Reducing the harvest of larger trout within the population increases the overall spawning stock biomass and provides benefits to anglers seeking the opportunity to pursue larger size fish. As larger fish are protected from harvest and left in the water, the ability for anglers to have the opportunity to catch these larger fish should increase.

At the Commission Meeting on January 25, 2024, staff was authorized to publish the proposed rules in the Texas Register for public comment. The proposed rules appeared in the February 23, 2024, issue of the Texas Register (49 TexReg 970). A summary of public comment on the proposed rules will be presented at the time of the meeting.

III. Recommendation: Staff recommends that the Commission adopt the following motion:

“The Texas Parks and Wildlife Commission adopts amendments to 31 Texas Administrative Code §53.2, concerning License Issuance Procedures, Fees, Possession, and Exemption Rules, §53.3, concerning Combination Hunting and Fishing License Packages, §53.6, concerning Recreational Fishing Licenses, Stamps, and Tags, and §53.18, concerning License Issuance Procedures, Fees, Possession, and Exemption Rules — Provisions for Digital Products, as listed in Exhibit A, and §57.972, concerning General Rules, and §57.984, Special Provisions — Digital Exempt Angler Tag, and new §57.985, Spotted Seatrout – Special Provisions, as listed in Exhibit B, with changes as necessary to the proposed text as published in the February 23, 2024, issue of the Texas Register (49 TexReg 970).”

Attachments – 2

Exhibit A – Spotted Seatrout Tag and Fee Rules
Exhibit B – Spotted Seatrout Harvest Regulations – Special Provisions

Commission Agenda Item No. 1
Exhibit A

SPOTTED SEATROUT TAG AND FEE RULES

PROPOSAL PREAMBLE

1. Introduction.

The Texas Parks and Wildlife Department (the department) proposes amendments to 31 TAC §§53.2, 53.3, 53.6, and 53.18, concerning License, Permit, and Boat and Motor Fees. The proposed amendments would provide for the issuance of the Exempt Angler Spotted Seatrout Tag, the Bonus Spotted Seatrout Tag, and duplicates of those tags, and establish the fee associated with the various versions of the tag.

In another rulemaking published elsewhere in this issue of the Texas Register, the department is proposing an annual retention limit of one spotted seatrout of 30 inches or greater (“oversized” spotted seatrout) per appropriately licensed saltwater angler per year. The rules would allow retention of the oversized fish via a spotted seatrout tag, which would be included at no cost with the purchase of an appropriate saltwater license or saltwater endorsement. Those rules also would provide for an Exempt Angler Spotted Seatrout Tag and Bonus Spotted Seatrout Tag, which could be purchased separately from the department. As explained in the preamble to that proposal, the department is attempting to facilitate the recovery of spotted seatrout populations from extreme population impacts resulting from Winter Storm Uri in February, 2021, while still providing some opportunity for the public to harvest “trophy” spotted seatrout.

The amendments proposed in this rulemaking would make changes necessary to include the spotted seatrout tag in the various licenses and license packages, provide for a Bonus Spotted Seatrout Tag, provide for issuance of duplicate tags for lost or destroyed tags, provide a mechanism for persons who are exempt by statute or rule from license requirements to obtain tags, provide for the use of digital versions of the tags, and establish the tag fee ($3.00).

If adopted, the proposed amendments would take effect for the next license year, which begins September 1, 2024.

2. Fiscal Note.

Dakus Geeslin, Deputy Director, Coastal Fisheries Division, has determined that for each of the first five years that the rules as proposed are in effect, there will be fiscal implications to state government as a result of administering or enforcing the rules in the form of revenues realized as a result of the sales of the Exempt Angler Spotted Seatrout Tag and the Bonus Spotted Seatrout Tag. The department estimates that the sales of various forms of spotted seatrout tags could reach volumes similar to those of red drum tags. On average for the past five license years, the department sold a mean of approximately 27,900 bonus red drum tags per year and a mean of approximately 7,100 exempt angler red drum tags per year. The department believes that because of the more limited abundance of oversized seatrout and different life history characteristics of the species, fewer people will buy the spotted seatrout tag than the red drum tag, but if an equivalent number of people purchased seatrout tags, then the maximum revenue increase per year would be approximately $105,000.

There will be no fiscal implications for other units of state or local government.

4. Public Benefit/Cost Note.

Mr. Geeslin also has determined that for each of the first five years that the rules as proposed are in effect:

(A) The public benefit anticipated as a result of enforcing or administering the proposed rules will be the establishment of fees necessary to provide anglers with the opportunity to retain oversized spotted seatrout consistent with the discharge of the agency’s statutory duty to protect and conserve the fisheries resources of this state.

(B) There will be no effect on persons required to comply with the rules as proposed, as the decision to retain an oversized spotted seatrout in addition to the oversized spotted seatrout retention opportunity afforded via a license tag is voluntary; however, for persons choosing to retain oversized spotted seatrout under the rules as proposed there will be a cost in the form of a $3.00 fee for a Bonus Spotted Seatrout Tag. Anglers exempt from fishing license requirements who desire to retain a spotted seatrout of 30 inches or greater in length would have to purchase an Exempt Angler Spotted Seatrout Tag at a cost of $3.00 to do so.

(C) 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, micro-businesses, or rural communities. 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 impacts to small businesses, micro-businesses, or rural communities. 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 proposed rules will not result in direct adverse impacts on small businesses, micro-businesses, or rural communities because spotted seatrout, by statute, cannot be harvested for commercial purposes and because the proposed rules regulate recreational license privileges that allow individual persons to pursue and harvest wildlife resources in this state and therefore does not directly affect small businesses, micro-businesses, or rural communities. Therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

(D) The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rules as proposed will not directly impact local economies, as the rules affect only personal license privileges attached to the purchase of a saltwater fishing license or saltwater endorsement.

(E) The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rules.

(F) 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.

(G) In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rules as proposed, if adopted, will:

(1) neither create nor eliminate a government program;

(2) not result in an increase or decrease in the number of full-time equivalent employee needs;

(3) not result in a need for additional General Revenue funding;

(4) affect the amount of any fee (by implementing a fee for the Exempt Angler Tag and the Bonus Tag);

(5) not create a new regulation per se, but will modify an existing regulation;

(6) not repeal, limit, or expand a regulation;

(7) neither increase nor decrease the number of individuals subject to regulation; and

(8) not positively or adversely affect the state’s economy.

(H) The department has determined that the proposed rules are in compliance with Government Code, §505.11 (Actions and Rule Amendments Subject to the Coastal Management Program).

4. Request for Public Comment.

Comments on the proposed amendment may be submitted to Michaela Cowan, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-8734; email: cfish@tpwd.texas.gov or via the department’s website at https://tpwd.texas.gov/.

5. Statutory Authority.

The amendments are proposed under the authority of Parks and Wildlife Code, Chapter 46 which authorizes the commission to prescribe fees for initial and duplicate tags for the take of finfish and to prescribe tagging requirements for the take of finfish; and authorizes the department to issue tags for finfish species allowed by law to be taken during each year or season from coastal waters of the state to holders of licenses authorizing the taking of finfish species.

The proposed amendments affect Parks and Wildlife Code, Chapter 46.

6. Rule Text.

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

(a) (No change.)

(b) Fishing license possession.

(1) – (2) (No change.)

(3) No person may catch and retain a spotted seatrout 30 inches or greater in length in the coastal waters of this state without having a valid fishing license, saltwater sportfishing stamp (unless exempt), and valid Spotted Seatrout tag in immediate possession, unless the person has purchased a valid digital license described in §53.3(a)(12) of this title or a valid license with digital tags under §53.4(a)(1) of this title.

§53.3. Combination Hunting and Fishing License Packages.

(a) 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) (No change.)

(2) Resident combination hunting and saltwater fishing package — $55. Package consists of a resident hunting license, a resident fishing license, a saltwater sportfishing stamp, a spotted seatrout tag, and a red drum tag;

(3) Resident combination hunting and "all water" fishing package — $60. Package consists of a resident hunting license, a resident fishing license, a freshwater fish stamp, a saltwater sportfishing stamp, a spotted seatrout tag, and a red drum tag;

(4) (No change.)

(5) Resident senior combination hunting and saltwater fishing package — $21. Package consists of a senior resident hunting license, a senior resident fishing license, a saltwater sportfishing stamp, a spotted seatrout tag, and a red drum tag;

(6) Resident senior combination hunting and "all water" fishing package — $26. Package consists of a senior resident hunting license, a senior resident fishing license, a freshwater fish stamp, a saltwater sportfishing stamp, a spotted seatrout tag, and a red drum tag;

(7) Resident super combination hunting and "all water" fishing package — $68. 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, a spotted seatrout tag, and [with] a red drum tag;

(8) Resident senior super combination hunting and "all water" fishing package — $32. Package consists of a senior resident hunting license, a migratory game bird stamp, an upland game bird stamp, an archery stamp, a senior resident fishing license, a freshwater fish stamp, [and] a saltwater sportfishing stamp, a spotted seatrout tag, and [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, a spotted seatrout tag, and [with] a red drum tag;

(10) Nonresident 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, a spotted seatrout tag, and [with] a red drum tag. For purposes of this paragraph, a nonresident disabled veteran is a resident for the purpose of obtaining a super combination hunting and "all water" fishing package.

(11) Texas resident active duty military super combination hunting and "all water" fishing package — $0. Package consists of a resident hunting license, an upland game bird stamp, a migratory game bird stamp, an archery stamp, a resident fishing license, a freshwater fish stamp, [and] a saltwater sportfishing stamp, a spotted seatrout tag, and [with] a red drum tag; and

(12) – (13) (No change.)

(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) (No change.)

(2) special resident fishing license (valid for residents who are legally blind as described in Parks and Wildlife Code, §46.004) — $7 (one red drum and one spotted seatrout tag shall be available at no additional charge with the purchase of a special resident fishing license);

(3) – (5) (No change.)

(6) Texas resident active duty military "all water" fishing package — $0. Package consists of a resident fishing license, a freshwater fish stamp, and a saltwater sportfishing stamp with a red drum and a spotted seatrout tag.

(b) The items listed in this subsection may be sold individually or as part of a package. Stamps sold individually shall be valid from the date of purchase or the start date of the license year, whichever is later, through the last day of the license year. Stamps sold as part of a fishing package shall be valid for the same time period as the license included in the package as specified in this rule. The price of these stamps is as follows:

(1) (No change.)

(2) saltwater sportfishing stamp — $7 plus a saltwater sportfishing stamp surcharge of $3. A red drum tag and a spotted seatrout tag shall be issued at no additional charge with each saltwater sportfishing stamp.

(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) (No change.)

(2) resident saltwater fishing package — $35. Package consists of a resident fishing license and a saltwater sportfishing stamp with a red drum tag and a spotted seatrout tag;

(3) resident "all water" fishing package — $40. Package consists of a resident fishing license, a freshwater fishing stamp, and a saltwater sportfishing stamp with a red drum tag and a spotted seatrout tag;

(4) (No change.)

(5) senior resident saltwater fishing package — $17. Package consists of a senior resident fishing license and a saltwater sportfishing stamp with a red drum tag and a spotted seatrout tag;

(6) senior resident "all water" fishing package — $22. Package consists of a senior resident fishing license, a freshwater fishing stamp, and a saltwater sportfishing stamp with a red drum tag and a spotted seatrout tag;

(7) "year-from-purchase" resident "all water" fishing package — $47. Package consists of a "year-from-purchase" resident fishing license, a freshwater fishing stamp, and a saltwater sportfishing stamp with a red drum tag and a spotted seatrout tag;

(8) resident one-day "all water" fishing license — $11. One red drum tag and one spotted seatrout tag shall be available at no additional charge with the purchase of the first one-day license only;

(9) (No change.)

(10) non-resident saltwater fishing package — $63. Package consists of a non-resident fishing license and a saltwater sportfishing stamp with a red drum tag and a spotted seatrout tag;

(11) non-resident "all water" fishing package — $68. Package consists of a non-resident fishing license, a freshwater fishing stamp, and a saltwater sportfishing stamp with a red drum tag and a spotted seatrout tag;

(12) non-resident one-day "all water" fishing license — $16. One red drum tag and one spotted seatrout tag shall be available at no additional charge with the purchase of the first one-day license only; and

(13) (No change.)

(d) (No change.)

(e) Fishing tags:

(1) – (2) (No change.)

(3) exempt angler spotted seatrout tag — $3;

(A) provides a spotted seatrout tag for persons that are exempt from the purchase of a resident or non-resident fishing license of any type or duration.

(B) this tag is available in a digital version. At the time of execution, the user must be in possession of a smart phone, computer, tablet, or similar device indicating acquisition of the digital tag.

(4) bonus spotted seatrout tag — provides a second spotted seatrout tag to persons that have previously received a spotted seatrout tag — $3. This tag is available in a digital version. At the time of execution, the user must be in possession of a smart phone, computer, tablet, or similar device indicating acquisition of the digital tag;

(5)[(3)] individual bait-shrimp trawl tag — $37; and

(6)[(4)] saltwater trotline tag — $5.

§53.18. License Issuance Procedures, Fees, Possession, and Exemption Rules — Provisions for Digital Products.

(a) — (b) (No change.)

(1) – (2 ) (No change.)

(3) A person may catch and retain a spotted seatrout 30 inches or greater in length in the coastal waters of this state without having a valid fishing license, saltwater sportfishing stamp, and valid spotted seatrout tag in immediate possession, if the person has:

(A) obtained a valid digital exempt angler spotted seatrout tag; or

(B) purchased a valid digital license described in §53.3(a)(12) of this title or a valid license with digital tags under 53.4 of this title.

(d) (No change.)

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

Issued in Austin, Texas, on

Commission Agenda Item No. 1
Exhibit B

SPOTTED SEATROUT HARVEST REGULATIONS – SPECIAL PROVISIONS

PROPOSAL PREAMBLE

1. Introduction.

The Texas Parks and Wildlife Department (the department) proposes amendments to 31 TAC §§57.972 and 57.984, and new §57.985, concerning the Statewide Recreational and Commercial Fishing Proclamation.

The proposed amendments and new section would replace the current daily oversized-fish retention limit provisions of §57.981(c)(5)(O)(iv) and replace them with an annual limit of one spotted seatrout of 30 inches or greater, which would be administered under a tagging system similar to that currently in effect for red drum. If adopted, the proposed amendments and new section would eliminate the current provision regarding the retention of oversized spotted seatrout (as part of the daily bag limit) as soon as practicable and implement an annual limit for the retention of oversize spotted seatrout under a tagging system, which would take effect September 1, 2024. The department notes that between the time the proposed amendments take effect (if adopted) and September 1, 2024, the retention of spotted seatrout of 20 inches or greater would be prohibited.

In February of 2021 Winter Storm Uri resulted in the largest freeze-related fish kill on the Texas Gulf coast since the 1980’s, severely impacting spotted seatrout populations coastwide. In an effort to accelerate recovery of the spotted seatrout population, the department promulgated an emergency rule (subsequently replaced via the normal rulemaking process) that implemented reduced bag and slot (a mechanism to protect certain age classes) limits. Those provisions included an automatic expiration date of August 31, 2023, at which time the harvest regulations reverted to provisions that were in effect before the freeze event. Department monitoring has continuously indicated lower post-freeze catch rates (compared to the previous ten-year average), and the commission accordingly recently acted to implement continued measures to enhance and accelerate population recovery, adopting rules (yet to take effect) that reduced the bag limit and narrowed the slot limit for spotted seatrout. As a result of deliberations at the January 24, 2024, meeting of the commission, the commission directed staff to develop a mechanism that would allow the retention of “oversized” fish (fish in excess of the maximum length established by rule) at a level not likely to compromise or defeat recovery measures.

The proposed amendments and new section would negate the oversized fish exemption adopted at the January 24, 2024 commission meeting (allowing the retention of one spotted seatrout of 30 inches or more per day) and replace it with an annual limit of one spotted seatrout of 30 inches or greater per angler per year, which would be administered by a tagging system similar to that currently in effect for oversized red drum. A spotted seatrout tag would be included at no additional cost with the purchase of a saltwater fishing endorsement or any license type that includes the saltwater fishing endorsement. The proposed rules would additionally allow anglers who are exempt by statute or rule of the commission from fishing license requirements to purchase an Exempt Angler Tag for $3.00. Additionally, the proposed rules would allow anglers to harvest a second spotted seatrout of 30 inches or greater per year by creating a bonus tag for that purpose, obtained by paying a fee of $3.00.

The rules as proposed will not interfere with or confound the intent of the harvest rules adopted in January 2024, which are intended to increase the overall spawning stock biomass by reducing the bag limit and protecting spotted seatrout between 15 inches and 20 inches in length (which represents the overwhelming majority of reproductive potential) while providing anglers the continued opportunity to harvest a limited number of “trophy” spotted seatrout, as spotted seatrout of 30 inches or greater are not numerous.

2. Fiscal Note.

There will be no fiscal implications for other units of state or local government.

3. Public Benefit/Cost Note.

Mr. Geeslin also has determined that for each of the first five years that the rules as proposed are in effect:

(A) The public benefit anticipated as a result of enforcing or administering the proposed rules will be the dispensation of the agency’s statutory duty to protect and conserve the fisheries resources of this state by protecting fisheries resources from depletion. In addition, the rules will increase the long-term sustainability of the resource, based on projected future impacts and expected changes to the fishery based on fishing pressure. This is accomplished while still maintaining opportunities for angling and retention of large spotted seatrout, and will increases the likelihood and opportunity for spotted seatrout to reach larger size classes.

(B) There will be no effect on persons required to comply with the rules as proposed, as the decision to retain an oversized spotted seatrout in addition to the oversized spotted seatrout retention opportunity afforded via a license tag is voluntary; however, for persons choosing to retain oversized spotted seatrout under the rules as proposed there will be a cost in the form of a $3.00 fee for a Bonus Spotted Seatrout Tag. Anglers exempt from fishing license requirements who desire to retain a spotted seatrout 30 inches or greater in length would have to purchase an Exempt Angler Spotted Seatrout Tag at a cost of $3.00 to do so.

(E) The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rules.

(F) 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.

(G) In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rules as proposed, if adopted, will:

(1) neither create nor eliminate a government program;

(2) not result in an increase or decrease in the number of full-time equivalent employee needs;

(3) not result in a need for additional General Revenue funding;

(4) affect the amount of any fee (by implementing a fee for the Exempt Angler Tag and the Bonus Tag);

(5) not create a new regulation per se, but will modify an existing regulation;

(6) not repeal or limit a regulation, but will expand an existing regulation (by creating a tag requirement for oversized spotted seatrout);

(7) neither increase nor decrease the number of individuals subject to regulation; and

(8) not positively or adversely affect the state’s economy.

(H) The department has determined that the proposed rules are in compliance with Government Code, §505.11 (Actions and Rule Amendments Subject to the Coastal Management Program).

4. Request for Public Comment.

5. Statutory Authority.

The amendment is proposed under the authority of Parks and Wildlife Code, Chapter 46 which authorizes the commission to prescribe fees for initial and duplicate tags for the take of finfish and to prescribe tagging requirements for the take of finfish; and authorizes the department to issue tags for finfish species allowed by law to be taken during each year or season from coastal waters of the state to holders of licenses authorizing the taking of finfish species; and Chapter 61, which requires the commission to regulate the periods of time when it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; and to specify the means, methods, and places in which it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; the species, quantity, age or size, and, to the extent possible, the sex of the game animals, game birds, or aquatic animal life authorized to be hunted, taken, or possessed; and the region, county, area, body of water, or portion of a county where game animals, game birds, or aquatic animal life may be hunted, taken, or possessed.

The proposed amendment affects Parks and Wildlife Code, Chapters 46 and 61.

6. Rule Text.

§57.972. General Rules.

(a) – (f) (No change.)

(g) It is unlawful:

(1) – (13) (No change)

(14) for any person to:

(A) – (G) (No change.)

(H) have in possession:

(i) both a Spotted Seatrout Tag and a Duplicate Spotted Seatrout Tag issued to the same license or saltwater stamp holder;

(ii) both an Exempt Angler Spotted Seatrout Tag and a Duplicate Exempt Angler Spotted Seatrout Tag issued to the same license holder; or

(iii) both a Bonus Spotted Seatrout Tag and a Duplicate Spotted Seatrout Tag issued to the same license or saltwater stamp holder.

(h) Harvest Log.

(1) (No change.)

(2) A person who takes a red drum or spotted seatrout in excess of the maximum length limit established in this chapter for those species shall complete, in ink, the harvest log on the back of the hunting or fishing license, as applicable, immediately upon kill, or, in the case of fish, upon retention.

(i) Alternative Licensing System.

(1) The requirements of this title that require the attachment of license tags to wildlife resources do not apply to any person in lawful possession of a license that was sold by the department without tags for red drum or spotted seatrout. A properly executed wildlife resource document must accompany any red drum or spotted seatrout in excess of maximum size limits established in this chapter for those species until the provisions of this title and Parks and Wildlife Code governing the possession of the particular wildlife resource cease to apply.

(2) (No change.)

(j) (No change.)

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

Issued in Austin, Texas, on

The amendment and new section are proposed under the authority of Parks and Wildlife Code, Chapter 46 which authorizes the commission to prescribe fees for initial and duplicate tags for the take of finfish and to prescribe tagging requirements for the take of finfish; and authorizes the department to issue tags for finfish species allowed by law to be taken during each year or season from coastal waters of the state to holders of licenses authorizing the taking of finfish species; and Chapter 61, which requires the commission to regulate the periods of time when it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; and to specify the means, methods, and places in which it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; the species, quantity, age or size, and, to the extent possible, the sex of the game animals, game birds, or aquatic animal life authorized to be hunted, taken, or possessed; and the region, county, area, body of water, or portion of a county where game animals, game birds, or aquatic animal life may be hunted, taken, or possessed.

The proposed amendment and new section affect Parks and Wildlife Code, Chapters 46 and 61.

§57.984 . Special Provisions — Digital Exempt Angler Tags[Tag].

(a) – (b) (No change.)

(c) One spotted seatrout exceeding the length limit established by §57.985(a) of this title (relating to Spotted Seatrout – Special Provisions) may be retained by a person who is by statute or rule exempt from fishing license possession requirements, provided the person has obtained a digital exempt angler spotted seatrout tag. A fish retained under the provisions of this section may be retained in addition to the daily bag and possession limit provided under §57.981(c)(5)(O) of this title.

(d) A person who lawfully takes a spotted seatrout under the provisions of subsection (c) of this section is exempt from any requirement of Parks and Wildlife Code or this subchapter regarding the use of license tags for that species; however, that person shall immediately upon take ensure that a harvest report is created and submitted via a mobile or web application provided by the department for that purpose. If the absence of data connectivity prevents the receipt of a confirmation number from the department following the report required by this subparagraph, the person who took the spotted seatrout is responsible for ensuring that the report required by this subparagraph is uploaded to the department immediately upon the availability of network connectivity.

§57.985. Spotted Seatrout – Special Provisions.

(a) On the effective date of this section, the provisions of §57.981(c)(5)(O)(iv) of this title (relating to Bag, Possession, and Length Limits) cease effect and no person may retain a spotted seatrout of 30 inches in length or greater except as provided in this section. To the extent that any provision of this section conflicts with any provision of §57.981(c)(5)(O) of this title, this section controls.

(b) The provisions of subsections (c) – (f) of this section take effect September 1, 2024.

(c) During a license year, a person may retain one spotted seatrout of greater than 30 inches in length, provided:

(1) a properly executed Spotted Seatrout Tag, a properly executed Exempt Angler Spotted Seatrout Tag, or properly executed Duplicate Exempt Spotted Seatrout Tag has been affixed to the fish; and

(2) one spotted seatrout exceeding the length limit established by subsection (a) of this section in addition to a spotted seatrout retained under the provisions of paragraph (1) of this section, provided a properly executed Bonus Spotted Seatrout Tag or properly executed Duplicate Bonus Spotted Seatrout Tag has been affixed to the fish.

(3) A spotted seatrout retained under a Spotted Seatrout Tag, an Exempt Angler Spotted Seatrout Tag, a Duplicate Exempt Spotted Seatrout Tag, or a Bonus Spotted Seatrout Tag may be retained in addition to the daily bag and possession limit as provided in §57.981(c)(5)(O) of this title.

(d) A person who lawfully takes a spotted seatrout under a digital license issued under the provisions of §53.3(a)(12) this title (relating to Super Combination Hunting and Fishing License Packages) or under a lifetime license with the digital tagging option provided by §53.4(a)(1) of this title (relating to Lifetime Licenses) that exceeds the maximum length limit established in §57.981(c)(5)(O) of this title is exempt from any requirement of Parks and Wildlife Code or this subchapter regarding the use of license tags for that species; however, that person shall immediately upon take ensure that a harvest report is created and submitted via a mobile or web application provided by the department for that purpose. If the absence of data connectivity prevents the receipt of a confirmation number from the department following the report required by this subparagraph, the person who took the spotted seatrout is responsible for ensuring that the report required by this subsection is uploaded to the department immediately upon the availability of network connectivity.

(e) It is an offense for any person to possess a spotted seatrout exceeding the maximum length established by this section under a digital license or digital tagging option without being in immediate physical possession of an electronic device that is:

(1) loaded with the mobile or web application designated by the department for harvest reporting under this section; and

(2) capable of uploading the harvest report required by this section.

(f) A person who is fishing under a license identified in §53.4(a)(1) of this title and selected the fulfilment of physical tags must comply with the tagging requirements of this chapter that are applicable to the tagging of spotted seatrout under a license that is not a digital license.

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

Issued in Austin, Texas, on