Texas Register, Volume 47, Number 7, Pages 715-820, February 18, 2022 Page: 730
717-820 p. ; 28 cm.View a full description of this periodical.
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James Murphy
General Counsel
Texas Parks and Wildlife Department
Earliest possible date of adoption: March 20, 2022
For further information, please call: (512) 389-4775
4 4 4SUBCHAPTER N.
STATEWIDE RECRE-
ATIONAL AND COMMERCIAL FISHING
PROCLAMATION
The Texas Parks and Wildlife Department proposes amend-
ments to 31 TAC 57.973, 57.974. 57.981, 57.992, and
57.1000, concerning the Statewide Recreational and Commer-
cial Fishing Proclamation.
The proposed amendment to 57.973, concerning Devices,
Means and Methods, would rephrase a provision concerning
sail lines in subsection (g)(15)(l). The provision as currently
worded could be construed as to prohibit the use of a sail
line at any time by a person who holds a commercial fishing
license. The department has determined that the intent of the
rule is to prohibit the use of sail lines for commercial purposes,
not to prevent a commercial license holder from employing a
sail line while fishing under a recreational license for personal
non-commercial use.
The proposed amendment to 57.974, concerning Reservoir
Boundaries, would add boundary descriptions for two reservoirs
(Lake Texoma and Sam Rayburn Reservoir), which is necessary
to provide exact descriptions of the geographical areas to which
harvest restrictions on those water bodies apply.
The proposed amendment to 57.981, concerning Bag, Posses-
sion, and Length Limits, would consist of several actions.
The proposed amendment would alter the species information
with respect to striped bass in subsections (c)(5)(B)(iv) and
(d)(1)(D) to remove references to white bass and subspecies.
The department has determined that the change more accu-
rately represents the intent of the rules.
The proposed amendment to 57.981 also would expand the
boundaries of the area on the Oklahoma/Texas border in which
the take of alligator gar is prohibited during spawning season (the
month of May). Oklahoma now prohibits the take of alligator gar
during the month of May on a statewide basis. The intent of the
amendment is to harmonize Texas regulations for gar harvest
with those in Oklahoma to mitigate to the extent possible any
conflicts that could result in angler confusion and issues related
to compliance and enforcement on boundary waters. The pro-
posed amendment would prohibit the take of alligator gar from,
and the possession of alligator gar while on, the Red River (in-
cluding Lake Texoma) and all tributaries that drain directly or indi-
rectly to the Red River on the Texas/Oklahoma border, in Cooke,
Grayson, Fannin, Lamar, Red River, and Bowie counties during
the month of May.
The proposed amendment to 57.981 also would eliminate the
exception to statewide harvest standards for walleye on Lake
Texoma. Walleye have not been stocked in the lake since 1977,
a self-sustaining population does not exist, and the department
has determined that a viable sport fishery for walleye is not pos-
sible; therefore, the management exception is no longer needed.Additionally, the proposed amendment to 57.981 would alter
subsection (d)(1)(C)(iii) to implement harvest rules for large-
mouth bass on Bois d'Arc Lake in Fannin County. Bois d'Arc
Lake is a new impoundment and the department has determined
that preservation of the largest, fastest growing largemouth bass
in the new reservoir is an appropriate management strategy that
will eventually maximize the quality of fishing over the lifespan
of the reservoir. The proposed amendment would impose a
16-inch maximum length limit and create exceptions for tem-
porary possession of 24-inch largemouth bass for submission
to the department's ShareLunker program. The proposed
amendment also would simultaneously correct an error affecting
largemouth bass harvest regulations on the nine water bodies
also subject to the provisions of clause (iii). An external adminis-
trative error during the rulemaking process in 2020 inadvertently
resulted in incorrect largemouth bass harvest regulations being
indicated in the Texas Administrative Code for the affected
waterbodies. The error has since been rectified on a temporary
basis by the adoption of new 57.985, which will be repealed
at a later date. The proposed amendment re-establishes a
maximum length limit of 16 inches with a special provision for
the temporary possession of largemouth bass 24 inches and
larger for possible donation to the ShareLunker program.
The proposed amendment to 57.981 also makes a clarification
in subsection (d)(1)(G) to identify all the counties encompassed
by Sam Rayburn Reservoir.
Finally, the proposed amendment to 57.981 would eliminate ex-
ceptions to the statewide harvest regulations for red drum on Co-
leto Creek Reservoir in Goliad and Victoria counties and on Lake
Fairfield in Freestone County. Red drum have not been stocked
by the department in either reservoir since 2011 and surveys in-
dicate red drum are no longer present in either lake, from which
the department has concluded that red drum as a sport fishery
is unsustainable.
The proposed amendment to 57.992, concerning Bag, Posses-
sion, and Length Limits, would alter regulations for the commer-
cial take of alligator gar on Lake Texoma, for the reasons set forth
earlier in the discussion of the proposed amendment to 57.981
concerning recreational harvest of alligator gar on Lake Texoma.
Additionally, the proposed amendment would clarify subsection
(b)(4)(B) to identify all the counties encompassed by Sam Ray-
burn Reservoir.
The proposed amendment to 57.1000, concerning Prohibited
Transport of Live Nongame Fish, would add tributaries of the
Red River in Grayson, Fannin, Lamar, Red River, and Bowie
counties to the list of designated waters from which the transport
of live nongame fish is prohibited. The proposed amendment
is intended to prevent the spread of invasive carp species to
additional Texas waters as a result of being transported live for
use as bait. Invasive carp pose an existential threat to native
fish populations and can be a potential hazard for boaters. Silver
and bighead carp have been documented in the affected waters;
therefore, the department believes it is prudent to act now to
mitigate against future spread to additional water bodies.
Robert Macdonald, Regulations Coordinator, has determined
that for each of the first five years that the rules as proposed
are in effect, there will be no fiscal implications to state or local
governments as a result of administering or enforcing the rules.
Mr. Macdonald also has determined that for each of the first five
years that the rules as proposed are in effect, the public benefit
anticipated as a result of enforcing or administering the proposed47 TexReg 730 February 18, 2022
Texas Register
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Texas. Secretary of State. Texas Register, Volume 47, Number 7, Pages 715-820, February 18, 2022, periodical, February 18, 2022; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1462843/m1/16/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.